TERMS AND CONDITIONS – Barbara Cruising Croatia
The Barbara Cruising d.o.o. is owner of the vessels Barbara and Casablanca (in text: Owner) sets up in this document (in text: Terms) and all the relevant terms and conditions related to the accommodation and services aboard the ships Barbara and Casablanca.
Sign of an agreement related to the accommodation and services aboard the ships Barbara and Casablanca, Guests or Charterers confirm that they are familiar with these Terms, and that they shall fully comply with them during the duration of the accommodation and service. The Charter Agent/Agency is a legal person who can mediate between the Owner and the Guest when concluding the charter agreement. Barbara Cruising d.o.o. has a travel agency license and can arrange charter agreements without an intermediary.
CHARACTERISTICS OF THE VESSEL
The Owner is obligated to provide a Vessel, for which an accommodation and service agreement has been signed, in a condition capable of safe navigation, and for the provision of accommodation and service with the purpose. The Owner guarantees that the Vessel, as well as all the necessary equipment on board, is in an adequate working condition.
The Owner guarantees the Guest that the vessel has all the necessary permits and certificates required for the provision of the accommodation and service with the purpose of rest and recreation.
The Owner guarantees the Guest that the entire professional crew members on board possess the necessary certificates required for their duties on the vessel.
The Owner guarantees for the authenticity of all visual and promotional materials regarding the vessel and its characteristics, as well as for the services provided.
To make a reservation of the charter contact our office by e-mail. Guest can take any available week “in optional reservation“ during next 7 days, after which has to decide whether to make final reservation, or optional reservation will be cancelled automatically without any notification. After final reservation of wished cruise programme you will receive the charter agreement. Signed charter agreement means reserved cruise programme and to finalize booking guest/charterer must to pay a 50% of weekly charter price as a deposit for reserved cruise. Payment has to be done within 7 days after confirmed final reservation by e-mail. Otherwise reservation will be cancelled by Owner without any notification. Upon receipt of the deposit on the bank account of the Barbara Cruising, Guest (GUEST, CHARTERER or CHARTER AGENT) will receive confirmation of the payment. In the case of reservation of your week, please contact us no later than within 8 days.
Full payment, less the deposit prepaid, must be forwarded to the Owner no later than 60 days prior to your departure from your home destination. In the event of failure to complete this transaction on time, your reserved trip or boat will become available for general sale and we will reserve the right to retain the deposit you have paid.
Agreed charter fee includes: agent’s commission, yacht charter for 7 days, crew, 13% PDV (VAT), fuel for 4 hours cruising per day, registration of guests with Croatian Tourist Board, welcome drinks, transport to the shore by tended if needed, port fees & taxes, use of massage pool for 6 persons, unlimited internet, deck chairs & sunbathing beds.
Prices do not include: Transfers from and to airports, tip of gratitude (usually 10% of the charter price) beverages, water sports (donuts, jet-ski, water skiing) excursions, guides and tickets for attractions, laundry on board, massage on board. These services and activities can be organized 2 months before cruise and will be calculated according to previously agreed and attached price list.
The Owner shall at the beginning of the Charter Period deliver the vessel to the Port of Delivery and the charterer shall take delivery in full commission and working order, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and life-saving equipment as required by the vessel’s registration. The Owner does not warrant her comfort in bad weather conditions for all cruises or passages within the charter area. The navigation of the Vessel shall be conducted exclusively in the period between sunrise and sunset and shall be conducted entirely within the territorial waters of the Republic of Croatia.
If it becomes necessary for the Guest or Charterer to cancel a charter, the CHARTER AGENT and the Owner are not obliged to refund any monies paid to them by the charterer (for this reason, we strongly advise the Guest or CHARTERER to take out cancellation insure to cover all eventualities). If the OWNER must cancel for any reason, the OWNER shall either find a substitute vessel or shall refund in full all monies paid by the charterer, and the OWNER shall pay the CHARTER AGENT the agreed brokerage fee on the full Charter amount. Cancellation must be done in the speediest way possible, by phone or/and e-mail, followed by facsimile or/and registered mail. If monies are to be refunded, they should be transferred to the beneficiary’s account within 15 days after receipt of the written letter of cancellation by facsimile or/and registered mail.
CANCELLATION DUE TO FORCE MAJEURE
If the charter cannot be fulfilled or completed due to Force Majeure, but no fault of the OWNER, CREW or Guest/CHARTERER, the Charter shall cease from the time thereof and no party shall be liable for the loss, damage, expense or inconvenience resulting there from. In this agreement, Force Majeure means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the OWNER, CREW or the guest/charterer (including, but not limited to, strikes, lock-outs, or other labour disputes, civil commotion, riots, blockade, invasion, war, sabotage, governmental act or regulation, plus fire, explosion, collision or grounding which were beyond the CREW’s control and not caused by the OWNER’s negligence).
COVID -19 CANCELLATION POLICY
Covid-19 Disease – the new type of coronavirus, known as “COVID 19”.
Cancellation due to Covid-19, reimbursement of all payments or postponing of the cruise will apply only in the following cases:
– If the borders of the host country (Croatia) are closed 7 days before the cruise
– If the borders of the traveller´s country are officially closed 7 days before the cruise, – If the Government of the host country (Croatia) does not allow incoming tourists from the country where the customer originates 7 days before the cruise.
All other reasons for cancellation of the cruise by passengers related to the COVID-19 pandemic are considered as cancellations by passengers/charterer and owner is not obliged on refundation of payments or reschedule of the reserved cruise.
The following situations can not to be accepted as reasons for refundation of payments or reschedule of the reserved cruise:
– The obligation of a Covid-19 test (PCR) before or after the cruise
– Disruptions related to transportation
– The obligation of the passenger’s vaccination certificate
– The obligation of the quarantine in Croatia or in the traveller´s country in case of missing PCR test or vaccine certificate.
– A recommendation of the traveller´s Government to postpone or cancel a tourist trip
– A travel ban by an individual company or institution
– In case the charterer has not achieved sufficient booking capacity for the cruise and requests a refund due to the unprofitability.
All mentioned situations are considered as cancellation of the cruise by the charterer and owner is not obliged on refundation of payments or reschedule of the reserved cruise.
Covid-19 cancellation policy shall apply from the date of signature of the agreement for all bookings and reservations in 2021 and later that are due to the pandemic transferred in season 2022 or until the declaration of the end of the pandemic.
The OWNER agrees to insure the vessel against fire, marine and collision risks and protection and indemnity coverage for the term of a Guest/Charter and thereby the Guest/Charterer shall be relieved of any and all liability for such loss or damage. The OWNER also agrees to provide personal accident/injury insurance for all passengers and crew aboard the vessel/s for the term of a Charter. The OWNER holds the said policies of insurance but should the OWNER fail to carry such insurance he shall then assume the same responsibility as if the vessel and passengers were so insured. We strongly advise you to take out your own individual travel insurance.
The VESSEL, the OWNER and the CHARTER AGENT accept no responsibility for accidents, injuries, or death due to swimming or the use of snorkels, masks or allied equipment such as scuba equipment whether supplied by the OWNER, his agents or others. The VESSEL, the OWNER and the CHARTER AGENT are not liable for any bodily injury or death related to water skiing, wake boarding, wind surfing, scuba diving, spinnaker flying, halyard flying, other on-board or in-water activities, or use of the vessel’s dinghy, outboard motor or other equipment. The Guest/CHARTERER acknowledges the risks of such activities and agrees to this provision.
The OWNER certifies that the Captain is competent coastwise and in deep-sea navigation. It is understood by both parties to this contract that while the guest/charterer may decide on the general course of the voyage and ports of call, the Captain shall handle clearance and normal running of the vessel and be responsible for the safe navigation of the same and that charterer shall abide by his judgment as to sailing, weather, anchorage and other pertinent matters. The captain has the right to decline to accept or retain any person as a tour passenger should such a person’s health or mental condition or physical infirmity or general deportment impede the operation of the tour or the rights or welfare or enjoyment of other tour passengers.
GUEST’S OR CHARTERER’S RESPONSIBILITY
Before coming aboard the Vessel, a Guest is required to deliver or present to the Agency or to the Owner all the necessary documentation required for a legal stay in the Republic of Croatia. In case of any special dietary Guest should inform the Owner before the cruise. Guest is expected to have all necessary medications in case of any medical situation he is already dealing with. The Guest should uphold all the safety regulations aboard the Vessel.
The guest/charterer agrees to be responsible for and to replace or make good any damage to the vessel, her furnishings or equipment caused by her/himself or by any of her/his party through carelessness or neglect and to satisfy any indebtedness that may have been incurred on account of or by order of the Charter party. It is the Captain’s discretion to ask someone to disembark if he believes their conduct is endangering the safety of the boat or other passengers.
In case of any irregularities regarding the accommodation service, the Guest should report the problem to the Agency via e-mail or by telephone.
Any dispute in connection with the interpretation and fulfilment of this Agreement shall be decided, in the first instance, by arbitration in one of any offices for arbitration in the Croatia. Each party shall appoint one Arbitrator. If a solution cannot be found by arbitration then any of the parties has the right to take up the dispute in the civil court. This Agreement shall be interpreted and fulfilled in accordance with the laws of the Croatia and the European Union.