1. General conditions of boat rental
Website www.opatijariviera.com, its content and online boat booking service is owned by Marea Ltd. Tourism and Trade, Poljanska cesta 21, 51414 Ičići, Croatia, VAT/personal number (OIB): HR60392617897, ID code: HR-AB-51-040012939. and these apply to your personal use, defined with our general terms and conditions.
These general conditions of boat rental apply also on the users who rent boat directly in the office of company Marea d.o.o., on the address Poljanska cesta 1, Ičići or through agents, who signed contracts on mutual cooperation with Marea d.o.o.
2. Scope of services
The scope of our service are boats advertised on the website in the property of Marea Ltd. and her associates. Marea d.o.o. is responsible for truthfulness of textual and numerical information and for authenticity of photos.
As true and authentic information will be considered only those published on original forms and promotional materials of the company Matea Ltd.
At the reservation of boats on the website, which are not in the property of Marea Ltd., valid are general terms and conditions of associates with whom Marea Ltd. has signed the contract on mutual cooperation. For those boats Marea d.o.o. does only the promotion and is not responsible for contracts and conditions between user and other company.
By the term of reservation are meant only confirmed reservations with paid advanced payment.
3. The conditions of boat rental in property of Marea Ltd.
The user of rented boat can rent it only with valid boat operator license. In case when the client is not in possess of the valid license or if the client has the proper license but is not 18 years old and it’s not accompanied by the person which is 18 years old, one can rent a boat only with skipper/operator of the boat. The user is bound to respect all legal conditions and regulations that regard operating a boat on the sea and to manage the boat and equipment carefully. In case if the client doesn’t want to use the extra service, skipper/operator of the boat of Marea d.o.o. , client declares that is in possess of all necessary certifications and permits in order to be able to operate the rented boat, in accordance with the law of the Republic of Croatia. Otherwise, the client will give the boat to the skipper/operator of the boat, who is in possess of all necessary permits and certifications, in accordance with the law of the Republic of Croatia.
The user of the boat is renting the boat on its own risk and is responsible for operating the ship in accordance to all valid laws and regulations of the Republic of Croatia. The user of the boat is bound to manage the boat carefully and responsible. The user is also bound not to borrow the boat to someone else, to compete on any competition or use it in commercial uses, for professional fishing, sailing school etc. and that will sail only when the weather conditions are safe.
The boats are issued along with Boat rental contract and general conditions of boat rental, with full tank of gasoline, all necessary equipment and clean. The user is introduced to the basic rules of safety and prevention of marine pollution, to phone numbers of search and rescue and other emergency services, to the procedures in case of a maritime accident and with the system of weather reports and weather warnings. The boat is being returned with full tank, as received. In case the tank of the gasoline is not full, the user is bound to pay to Marea Ltd. the difference till the full tank.
4. Prices and methods of payment for the boats in property of Marea Ltd.
The prices on the website are published in EUR (€) and can be taken only as information. Payment is being done directly to the employee of Marea Ltd. only in kuna and in full amount, before taking over the boat. For every paid service, the employee of Marea Ltd. is bound to issue an invoice and the user of the boat is bound to receive it and have it until the return of the boat.
We accept following methods of payment:
• payment in cash or with credit card, when taking over the boat, to the employee of Marea Ltd.
• payment in the office of Marea d.o.o. in Ičići, Poljanska cesta 1 in cash or with credit card
• All extra costs (extra hour on boat, boat delivery etc.) can be paid according to the valid price list only in cash to the employee of Marea Ltd.
We accept following types of credit cards: Mastercard, Mastercard electronic, Maestro, Visa, Visa electron and V Pay.
5. Documents of the boats in property of Marea Ltd.
The boats in property of Marea Ltd. have all necessary permits and insurances, both for users and boats, in accordance with laws of the Republic of Croatia. The boat is being issued with all valid documents, necessary for boat rental and user is bound to take care of them till the end of consumption of service. On every boat in property of Marea Ltd. There are nautical maps and routes, which are to be protected from damages.
6. Taking over of the boat and return of the boat in property of Marea Ltd.
Company Marea Ltd. is bound to deliver the boat to the user in good conditions and clean, ready for sailing and completely equipped, with full tanks of water and fuel. Before the beginning of the consumption of the boat rental the user is bound to check general condition of the boat and to determine if the list of equipment and inventory matches the actual situation. All imperfections on the boat and equipment found on taking over of the boat, are not the reason to request lower price of the boat rental or for subsequent complaints.
The user is bound to return the boat to Marea Ltd. to agreed place on agreed time, clean and undamaged, with full tank of water and gasoline. If the user doesn’t return the boat to agreesd place on agreed time, he is bound to pay price for the extra hour on boat according to the valid price list in cash to the employee of Marea Ltd. for every hour of delay, because of the possible loss and expenses due to delay. The counting for delay starts 10-15 minutes after the agreed returning time of the boat. Delay can be justified in the case of force majeure, when user has notified the employee of Marea Ltd. The costs for lost or damaged parts of boat or equipment, due to the inattention or improper use, are on charge of the user.
7. Complaints and cancellation of reservation
Complaints are possible only on arrival, in the presence of employee of Marea Ltd. Subsequent complaints will not be considered. The employee of Marea Ltd. is bound to introduce the user to the characteristics of the boat and the way of controlling it and its equipment. The employee of Marea Ltd. is bound to rent the boat in good conditions and clean and to offer him all the services mentioned in description of boat and services. Untidy and unprepared boat or incompatibility of the information from the leaflet and the real situation give the user right to complain.
The company Marea Ltd. can, exceptionally, cancel confirmed reservation (furthermore cancellation) and refuse to give to the user the service of boat rental if there has been discovered that user is not in the possess of valid permit for operating the boat or if the information or documents for boat rental are not the same as the documents given during the reservation.
In the case of adverse weather conditions, the employee of Marea Ltd. will inform the user in advance about the impossibility of rental until the settling of weather and to arrange a new boat rental time or to refund money, in case if the user cannot accept new time of rental.
The boat reservation can be canceled more than 30 days before the reservation date with no cancelling fee. In case that client canceles the reservation 30 days to 15 days before the reservation date, cancelling fee is colected in amount of 50% precent from the advanced payment. In case that client canceles the reservation 14 days before the reservation date – “no show”, cancelling fee is colected in amount of 100% precent from the advanced payment. The cost of bank transfer for returning the money is colected on charge of the client.
8. Damages occurred during the rental time
For any damage on the boat or equipment, given to the user and which was caused by improper use of above mentioned equipment, the user himself is responsible so the estimation of damage must be done in the presence of the user. The user is bound to cover the costs on the location and if refuses to do so, the employee of Marea Ltd. is bound to inform immediately a responsible person in company and, if necessary, call the police. The consequences in case of injury of the user or other guests on the boat it’s necessary to inform immediately Marea Ltd. Marea Ltd. is not responsible for any consequences as a result of the improper use of the boat or for eventual damage caused by it. About all the damages, no matter what the cause was, the user must inform the employee of Marea Ltd. immediately after the return of the boat, to be able to see possible works of replacements/repairs of the equipment. For damages/inattention of the user, for which Marea Ltd. is responsible to third person and which are not covered by insurance, the user is bound to pay to the Marea Ltd. all material and legal costs appeared as a consequence of those acts of inattention. The user is particularly responsible in the case if the boat is seized because of the inappropriate actions. In case of accidents on the sea the user is bound to notice the sequence of event or to request the written statement from port authority, doctor or other authorized person. The user is bound to immediately inform Marea Ltd. about such events. In case of disappearance of the boat, impossibility to sail, seizure of the boat or prohibition to sail, given by authorized person, the user is bound to inform the employee of Marea Ltd. The user for all damages must reimburse the deductible franchise amounts under insurance contracts as well as the cost of bonuses for activating the insurance policy if there is a loss of bonus. On all of the above will be made a report, signed by the representative of Marea Ltd. and the user, after the return of the boat or in the moment of any kind of inattention/damage caused by user himself. In case of non-observance of obligations above mentioned the user will respond directly to Marea Ltd. and will take responsibility for all the consequences. The user is responsible for all violations of navigation and other regulations, even after the expiry of the boat rental.
Pets (dogs, cats etc.) are not allowed on the boat without the previous written annoucment to the Marea Ltd. If it is subsequently established that there were pets on board , the user is bound to pay on the spot EUR 30.- (equivalent in kuna according to valid price list) for cleaning the boat. In case that the pet causes any damage to the boat or boat equipment, the cost is taken on charge of the client.
10. Loss of property and theft
Company Marea Ltd. is not responsible for loss/property damage of user or for any other property left/kept on the boat. With the rental of boat the user accepts terms of boat rental and refuses all claims for compensation of losses and / or damages from Marea Ltd.
11. Notice on filing consumer complaints
The user may request damages by filing a written complaint no later than 8 days after the service has been completed, complaints submitted outside the specified deadline will not be considered. In accordance with Art. 8 st. 1. Consumer Protection Act NN 79/07, 125/07, 79/09, 89/09, 129/09, 56/09 and 56/13 inform consumers that the complaint the quality of our services can only be provided in writing, at the e-mail address email@example.com. We will respond to your complaint in written form no later than 15 days after receipt of your objection. Please provide your name, address and e-mail address in the complaint. The user is required to cooperate with the agency in good faith in order to remove the causes of the complaint itself. If the client accepts the solicited complaint on the location, Marea Ltd. is not obliged to accept a subsequent complaint.
Agency Marea Ltd. can not be considered responsible for climatic conditions, purity and temperature of the sea and for all other and similar situations and events that may cause the cliebt’s dissatisfaction and do not directly relate to the quality of the reserved service. Client and Marea Ltd. will seek to resolve the dispute by mutual agreement, otherwise the jurisdiction of the court in Opatija is contracted. The law of the Republic of Croatia will be the right. In the case of Marea Ltd. against the user or vice versa is considered to be the location of Marea Ltd.
From the rental agreement:
GENERAL CONDITIONS FOR THE BOAT RENTAL
USE OF THE BOAT IS ON OWN RISK OF THE CUSTOMER. THE CUSTOMER IS RESPONSIBLE FOR THE JOURNEY AND ALL ACCIDENT/ INJURY/ DAMAGE OCCURRED. BY SIGNING THIS CONTRACT THE CUSTOMER ACKNOWLEDGE THAT HE HAS READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THE BOAT RENTAL. THE CONTRACT IS EXECUTED IN DUPLICATE, THE ORIGINAL IS RETAINED BY THE MAREA d.o.o. AND THE DUPLICATE BY THE CUSTOMER.
RENTAL: THE RENTAL FEE INCLUDES VAT. FUEL EXPENSES ARE NOT INCLUDED. ADDITIONAL HOUR THAT EXCEEDS THE RENTAL TIME IS CHARGED BY THE VALID PRICELIST AND IT’S TREATED AS ADDITIONAL HOUR ON THE BOAT. BOAT IS HANDED OVER TO THE CUSTOMER WITH FULL FUEL AND WATER TANK, CLEAN AND IN PROPER CONDITION, WHICH IS HOW IT HAS TO BE RETURNED TO THE AGENCY. IF NOT, AN EXTRA FEE OF 30 EUR HAS TO BE PAIED FOR THE CLEANING. ANY DAMAGE WILL BE CHARGED.
SAFETY DEPOSIT: BEFORE RENTING OF THE BOAT, A REFUNDABLE SAFETY DEPOSIT CAN BE PAID IN CASH OR GUARANTED WITH AN PERSONAL IDENTITY CARD. THE DEPOSIT IS REFUNDABLE IN IT’S TOTAL AMOUNT AFTER CHECK OUT IS DONE AT CONTRACTED TIME AND PLACE, IF NO DAMAGES OR OTHER FAULTS ARE FOUND ON THE BOAT. IF THE DEPOSIT IS NOT TAKEN, THE CUSTOMER IN CASE OF ANY DAMAGES MUST REIMBURSE THE DEDUCTIBLE FRANSHISE AMOUNT UNDER INSURANCE CONTRACTS, AS WELL AS THE COST OF BONUSES FOR ACTIVATING THE INSURANCE POLICY, IF THERE IS A LOSS OF BONUS.
CUSTOMER OBLIGATIONS AND RESPONSABILITY: CUSTOMER MUST HANDLE THE BOAT WITH DUE CARE AND OBEY ALL THE REGULATIONS. THE CUSTOMER MUST BE IN POSSESSION OF ADEQUATE SKIPPER COMPETENCY CERTIFICATE. THE CUSTOMER WILL NOT GIVE THE BOAT TO OTHERS FOR RENT, LEND IT TO OTHERS, USE IT FOR COMMERCIAL REASONS OR PROFESSIONAL FISHING.
WARNING: USING THE WATER SPORT IS ON OWN RISK AND INVOLVES INHERENT RISKS OF INJURY AND DEATH. IT HAS NOT TO BE USED AT SPEEDS THAT EXCEED SKILLS OF THE RIDER. ALWAYS WEAR A COAST GUARD VEST.
JURISDICTION: IN CASE OF MISUNDERSTANDING OR DISPUTE, A GENTLEMAN’S AGREEMENT WILL BE TRIED. IF IT IS NOT POSSIBLE TO SOLVE IN THIS WAY, THE AGENCY’S COUNTRY COURT IS COMPETENT.