General Terms and Conditions
1. The Purpose
These General Terms & Conditions for Yacht Charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on vessels — yacht charter. The vessels regulated by Terms (hereinafter: Vessels) are recreational vessels listed in the fleets of various charter fleet operators (hereinafter: Charter-Operators).
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 the booking intention of paying the advance payment, the Client agrees to the Terms.
2. Booking Confirmation
From the Client's side, the booking intention is confirmed when an advance payment is paid by the client or the Client's representative. The booking will be confirmed once the full advance payment is received in its account and the booking confirmation is obtained from the Charter to Operator.
3. Payment Methods and Dynamics
Once the yacht charter reservation is agreed upon, which will be effective in writing only, payments should be made according to the amounts, dynamics, and instructions stated in the Pro-forma Invoice and accompanying documentation sent by Salty Miles to the Client.
The primary method of payment for the yacht charter is bank transfer. The client agrees to pay the full costs of the bank transfer charges. When making the payment, the client should emphasize to their bank that all fees (from both outgoing and incoming banks) should be paid by them. If Client fails to do so or Salty Miles is charged bank transfer fees, it will be considered that the payment is not entirely settled, and Client will need to settle the remaining amount. Exceptionally, Salty Miles may allow other methods of payment. Still, in such cases, discounts for yacht charter services may decrease due to surcharges and fees connected with those alternative payment methods. Any such details shall be stated in the Pro-forma invoice, and the Client agrees to them if choosing the alternative payment method.
The Vessel can be taken over only after the complete amount for yacht charter and all contracted extra services have been fully settled. Suppose either an advance payment or a balance payment has not been fully settled until the above-stated deadlines. In that case, Salty Miles or Charter-Operator shall be entitled to cancel the Vessel's booking without any refunds to the Client.
4. The Price of Yacht Charter
The price for yacht charter shall include the following: the Vessel equipped according to the currently effective inventory list, such as an auxiliary boat with oars and gas, as well as the usual charter base services at the time of the Vessel's delivery (check-in/check-out).
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, or any other additional services other than those explicitly stated as included in the Vessel's equipment list. The yacht charter price includes VAT valid at the time of booking confirmation. However, if the relevant VAT rate is increased by law before the charter begins, Salty Miles reserves the right to charge the VAT difference.
Salty Miles includes the most significant part of its processing services in the offered yacht charter price. However, in specific cases of bookings where Salty Miles incurs high processing costs, a small portion of this cost may be charged to the Client as an Operative Cost. In such cases, this Operative Cost will be separately stated and visible on the Pro-forma invoice.
5. Additional services — Extras
Additional services and extra equipment for which an extra payment shall be made (hereinafter: Extras) in accordance with the effective Price List of Charter-Operator (e.g., auxiliary engine, one-way options, transfers, gennaker, skipper, etc.) should be requested by Client and agreed prior to booking confirmation. The Client may request the addition of certain Extras even after booking confirmation, and Salty Miles will make a reasonable effort to provide the newly requested Extras to the Client's satisfaction. He will inform the Client whether it is possible to upgrade the booking with the requested new Extras.
Client acknowledges that Salty Miles is not obliged to provide newly requested Extras at that time. All Extras must be confirmed in writing by both sides no later than 10 days before the charter date begins. Only very exceptionally, Salty Miles can allow last-minute confirmation of Extras in particular cases.
6. Hiring Professional Crew
If the Client requires a skipper, a hostess, a cook, or other professional crew aboard, it should be specified during the confirmation of the charter reservation. If a Client does not require a skipper, a copy of the skipper's license must be sent at the time of the Vessel's booking for verification and approval. If the Charter-Operator does not approve the permit, 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 when arranging the booking. Client and Client's guests on board should treat the crew with proper professional respect, and should allow them an appropriate amount of daily rest. The food of the crew during the charter period is the financial responsibility of the Client, according to usual charter standards.
7. Crew List and Arrival Details
The Client must send a correctly filled Crew list, not later than 10 days before the first day of charter. The Client agrees that they are the main contracting party for the yacht charter and are responsible for the other guests on board. Additionally, it is recommended to send an estimated time of arrival at least 10 days before the first day of charter so that the base staff can organize the check-in procedure as smoothly 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 the delivered Crew list information and for the validity of all passports, visas, licenses, and other identification documents. The client and his guests are responsible for obtaining appropriate visas for all countries they travel to, if applicable. In particular, Client acknowledges that the sailing license is an essential document on board and is legally responsible for its accuracy and trustworthiness.
8. Cancellation by Client
Should the charter of the booked Vessel be cancelled by the Client, whatever the reasons may be, the Client shall be liable to inform Salty Miles per email about the cancellation without delay.
Client shall be charged for the cancellation in the minimum amount of:
The cancellation policy listed above reflects the most common practice in the yacht charter industry.
However, in some cases, the Charter-Operator may require a higher percentage of cancellation fees under its valid terms and conditions. In such a case, the rate requested by the Charter-Operator shall be applicable.
In all cancellation cases, Salty Miles shall consider the receipt date of information on cancellation as a basis for the settlement of accounts of the cancellation costs. From this date, Salty Miles 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.
The above cancellation provisions are not applicable in the case of a one-time payment of the Charter price by the Client upon receipt of the Pro-forma Invoice, and if the Client consequently acquires right to the additional discount in relation to the initially offered price, i.e. in that case Salty Miles has no obligation to refund any part of the payment of the Charter price if the Client cancels for any reason whatsoever.
9. Changes and Modifications
Should the Client request a minor change in the booking details (e.g., change of name or similar), an administrative fee of 45 EUR shall be charged to the Client. 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 significant change, Salty Miles reserves the right to charge for the cancellation of the original booking. Alternatively, Salty Miles may choose to grant the requested change to the Client without charging the cancellation of the original booking; however, in such a case, an administrative fee of 300 EUR shall be charged to the Client.
10. Cancellations by 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 & Conditions of that Charter-Operator.
Examples of what most Charter-Operators would offer to the Client in such cases are:
11. Security Deposit
Before taking over the Vessel, the Client must give a security deposit (hereinafter: Deposit) in the amount according to the valid Price List of the Charter-Operator. The Deposit may be given either in cash or with one of the credit cards accepted by Charter-Operator, in accordance with Charter-Operator's base processes. After the completion of the yacht charter, the whole Deposit shall be repaid to the Client, unless some Vessel damage or loss of equipment has occurred, or unless the Client or its Crew has not acted in accordance with these Terms and/or the valid terms of the Charter-Operator.
However, suppose damages or a breach of Terms have occurred. In that case, the Deposit will be retained partly or fully, depending on the size of the Damage or breach and the details of the charter operator's policy.
Some typical industry practices are as follows:
In case if the damage has happened due to gross negligence of the Client, or behaviors 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 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 lost charter income in the following weeks.
12. Insurance
According to industry standards, charter vessels are typically insured with a deductible franchise. The insurance usually does not cover damages to clients' personal property, property brought to the boat, damage deliberately caused, or any harm resulting from clients' lack of diligence.
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.
13. Taking over the Vessel/ Check-in
The Client is obliged, upon taking over the Vessel, to provide the representative of the Charter-Operator with a verified voucher containing all the Client's data and charter appointment, along with a copy of the skipper's license. Also, identification documents (e.g., passports) of all guests on board must be provided to re-check 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 and confirm the condition of the delivered Vessel with their signature. The same procedure shall be done with the instruments aboard. Any subsequent complaints from the Client 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 before 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. Client acknowledges that such situations are not under the influence of either Salty Miles or Charter-Operator, but are a consequence of damage made by a previous client.
Typically, in the yacht charter industry, the Vessel is to be delivered with full fuel and water tanks and returned to the charter base in the same state with full tanks.
Because Vessels are expensive property and a certain level of skill is needed to operate them, the Charter-Operator may require a Client (or their skipper) to demonstrate their navigation skills in the presence of a representative of the Charter-Operator. Client shall pay the costs for the stated demonstration (if any), and the time spent for testing shall be included in the charter period of the Vessel. If it is deemed that the Client (skipper) is not skilled enough, the Charter-Operator shall hire an official skipper, and the Client shall pay the required costs for such a service according to the current Price List. If the Client refuses the assigned skipper, s/he will be forbidden from sailing out, the charter contract shall be immediately terminated, and the paid amount shall be kept without any rights of reimbursement.
14. Taking back the Vessel/ Check-out
On the occasion of returning and re-checking the Vessel according to the inventory list, the fuel tank shall also be examined. If the fuel tank is not complete, 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, Client shall pay for damages to a 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 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 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 Ivankoic Nautica about his/her intentions. Salty Miles 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 all the necessary paperwork for additional days (such as prolongation of the booking, prolongation of the crew list, etc.).
15. Sailing Area
The basic sailing area of the Vessel is stated in the registration documents of the Vessel in question. Suppose the Client wants to sail outside the basic sailing area. In that case, the Client shall be liable to inform Salty Miles of their intentions before booking confirmation so that the Vessel can be insured and registered for that occasion. Simultaneously, the Client shall be charged for the stated additional insurance and registration costs, along with any extra fees that may arise for Salty Miles or Charter-Operator due to this request.
Charter-Operator may also request a higher Deposit in such cases. 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 at his own cost, as most commonly Charter-Operator maintenance and intervention services do not cover those areas. Charter-Operator shall advise the Clients on their processes in such cases.
16. Damages during yacht charter
Should any damage emerge during the yacht charter owing to the usual abrasion of the Vessel's materials or the ageing of equipment, the Client should inform the Charter-Operator without delay. Suppose severe damages, engine troubles, loss of the Vessel, personal injuries, and similar incidents happen. In that case, the Client is liable to inform Charter-Operator and Salty Miles about it without delay, and to obtain official minutes and certification on the incident that emerged from other parties (e.g., port authority, physician, authorized expert, etc.).
In all such cases, further procedure will be handled according to the valid processes and Terms & Conditions of the Charter-Operator in question. Damages that were not reported and have no recorded minutes shall be considered to have emerged due to the Client's negligence, and in such cases, they must be paid by the Client.
17. Liabilities of Charter-Operator
Charter-Operator is responsible for the correctness of the accommodation (i.e., of the Vessel), investment maintenance, current maintenance, as well as 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 check-in, special needs... etc.) Charter-Operator may try to resolve them to the satisfaction of the Client. Still, Client acknowledges that this is not a liability of Charter-Operator, and cannot ask for remuneration if such special requests were not fulfilled or were fulfilled only partially.
Charter-Operator is responsible for bearing expenses towards the Client in case of not fulfilling its obligations, according to the valid Terms & Conditions of that Charter-Operator. However, the Client cannot expect refunds for delays or issues caused by Force Majeure (e.g., earthquakes, floods, thunder, fire, other natural calamities, wars, civil wars, terrorism, strikes, etc.).
The Client acknowledges that Charter-Operator is an entirely separate legal entity from Salty Miles, and that the role of Salty Miles in the booking process is that of mediator only, as described in the chapter below.
18. Liabilities of Salty Miles
Salty Miles works with an extensive international online database of Vessels and has established business partnerships with many charter operators who manage boat fleets.
The Client acknowledges that Salty Miles acts as an Agency-Mediator between the Client and Charter-Operator. Thus, Salty Miles will provide the Client with information on the type of the Vessel's accommodation, its integral parts, and possible additional costs (services of skipper, etc.), as well as assist the Client in obtaining the most appropriate Vessel offers to meet the Client's specific needs, and assist the Client throughout the entire booking process. Salty Miles will also be there to answer the Client's relevant questions and provide information needed for the Client's preparation for the charter.
Salty Miles shall inform Charter-Operator about relevant booking information, collect documents from the Client (e.g., licenses, crew lists, etc.), as well as make payments to Charter-Operator and perform all other agency-mediator duties according to the business cooperation contract concluded between Salty Miles and Charter-Operator. In case of any possible disputes between Client and Charter-Operator before, during, or after the charter, Salty Miles will put its best efforts to help the Client and strive to protect the Client's interests to the maximum possible extent. Also, in case the Charter-Operator fails to fulfill some of its obligations towards the Client, Salty Miles will support and assist the Client, striving to obtain an appropriate refund from the Charter-Operator.
In extreme and sporadic cases where the Charter-Operator entirely fails to fulfill its obligations (e.g., filing bankruptcy, loss of Vessels, or similar), Salty Miles will make every effort to assist the Client in finding the best possible alternative solution with minimal costs/losses for the Client.
Client acknowledges that Salty Miles shall not be liable to pay to the Client any refund or loss caused by failure of Charter-Operator to fulfill its obligations, provided that Salty Miles had made appropriate payments to Charter-Operator for chartering the Vessel(s), following the corresponding Client's payments to Salty Miles. Still, Salty Miles will assist the Client in obtaining appropriate refunds from the Charter-Operator and protecting the Client's interests as stated above in this article.
19. Liabilities of the Client
Other than what was already stated in these Terms, the Client shall also be liable:
20. Complaints
Complaints shall be accepted in writing on the date of taking over the Vessel (check-in). The Client and the representative of the Charter-Operator must sign them. The complaints shall be typically resolved in the manner described below, or a similar manner, depending on the Charter-Operator in question:
If the Client has filed the complaint via Salty Miles as the Client's Agency-Mediator, Salty Miles will analyze 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 2 parties, in a timely and fair manner. Salty Miles will provide an official answer to the Client as soon as possible, and at the latest within 7 days from receiving relevant answers from the Charter-Operator.
20. Terms of the Charter Operator
Client acknowledges that in some cases, the Charter-Operator, in its valid Terms & Conditions, may have different requests and conditions regarding the Vessel chartering than set out in these Terms.
Client acknowledges that for his obligations to Charter-Operator, the Terms of Charter-Operator will apply.
21. Jurisdiction
The parties will strive to resolve any dispute peacefully. If the parties are not able to reach an agreement among themselves, the court in Zagreb, Croatia, has jurisdiction over their dispute.
22. Validity
These Terms come into force and are valid starting from January 1, 2021, and from this date replace any previous general terms and conditions for yacht charter of Salty Miles. These Terms remain in force until the next version of the general terms and conditions for yacht charter is officially issued and comes into force. On the official web pages of Salty Miles, there will always be a presently applicable version published.
23. Salty Miles details
Beneficiary: Salty Miles
Company address: Cesta Lovranska Draga 39
Bank: Erste & Steiermärkische Bank d.d.
Bank address: Jadranski trg 3A, 51000, Rijeka
IBAN: HR5124020061140444115
SWIFT: ESBCHR22
Currency: EUR
OIB (Personal Identification Number): HR 07758572322
Owner: Aleksandra Ivanković
Email: info@saltymiles.com
Phone: 385 97 7147 132
These General Terms & Conditions for Yacht Charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on vessels — yacht charter. The vessels regulated by Terms (hereinafter: Vessels) are recreational vessels listed in the fleets of various charter fleet operators (hereinafter: Charter-Operators).
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 the booking intention of paying the advance payment, the Client agrees to the Terms.
2. Booking Confirmation
From the Client's side, the booking intention is confirmed when an advance payment is paid by the client or the Client's representative. The booking will be confirmed once the full advance payment is received in its account and the booking confirmation is obtained from the Charter to Operator.
3. Payment Methods and Dynamics
Once the yacht charter reservation is agreed upon, which will be effective in writing only, payments should be made according to the amounts, dynamics, and instructions stated in the Pro-forma Invoice and accompanying documentation sent by Salty Miles to the Client.
The primary method of payment for the yacht charter is bank transfer. The client agrees to pay the full costs of the bank transfer charges. When making the payment, the client should emphasize to their bank that all fees (from both outgoing and incoming banks) should be paid by them. If Client fails to do so or Salty Miles is charged bank transfer fees, it will be considered that the payment is not entirely settled, and Client will need to settle the remaining amount. Exceptionally, Salty Miles may allow other methods of payment. Still, in such cases, discounts for yacht charter services may decrease due to surcharges and fees connected with those alternative payment methods. Any such details shall be stated in the Pro-forma invoice, and the Client agrees to them if choosing the alternative payment method.
The Vessel can be taken over only after the complete amount for yacht charter and all contracted extra services have been fully settled. Suppose either an advance payment or a balance payment has not been fully settled until the above-stated deadlines. In that case, Salty Miles or Charter-Operator shall be entitled to cancel the Vessel's booking without any refunds to the Client.
4. The Price of Yacht Charter
The price for yacht charter shall include the following: the Vessel equipped according to the currently effective inventory list, such as an auxiliary boat with oars and gas, as well as the usual charter base services at the time of the Vessel's delivery (check-in/check-out).
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, or any other additional services other than those explicitly stated as included in the Vessel's equipment list. The yacht charter price includes VAT valid at the time of booking confirmation. However, if the relevant VAT rate is increased by law before the charter begins, Salty Miles reserves the right to charge the VAT difference.
Salty Miles includes the most significant part of its processing services in the offered yacht charter price. However, in specific cases of bookings where Salty Miles incurs high processing costs, a small portion of this cost may be charged to the Client as an Operative Cost. In such cases, this Operative Cost will be separately stated and visible on the Pro-forma invoice.
5. Additional services — Extras
Additional services and extra equipment for which an extra payment shall be made (hereinafter: Extras) in accordance with the effective Price List of Charter-Operator (e.g., auxiliary engine, one-way options, transfers, gennaker, skipper, etc.) should be requested by Client and agreed prior to booking confirmation. The Client may request the addition of certain Extras even after booking confirmation, and Salty Miles will make a reasonable effort to provide the newly requested Extras to the Client's satisfaction. He will inform the Client whether it is possible to upgrade the booking with the requested new Extras.
Client acknowledges that Salty Miles is not obliged to provide newly requested Extras at that time. All Extras must be confirmed in writing by both sides no later than 10 days before the charter date begins. Only very exceptionally, Salty Miles can allow last-minute confirmation of Extras in particular cases.
6. Hiring Professional Crew
If the Client requires a skipper, a hostess, a cook, or other professional crew aboard, it should be specified during the confirmation of the charter reservation. If a Client does not require a skipper, a copy of the skipper's license must be sent at the time of the Vessel's booking for verification and approval. If the Charter-Operator does not approve the permit, 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 when arranging the booking. Client and Client's guests on board should treat the crew with proper professional respect, and should allow them an appropriate amount of daily rest. The food of the crew during the charter period is the financial responsibility of the Client, according to usual charter standards.
7. Crew List and Arrival Details
The Client must send a correctly filled Crew list, not later than 10 days before the first day of charter. The Client agrees that they are the main contracting party for the yacht charter and are responsible for the other guests on board. Additionally, it is recommended to send an estimated time of arrival at least 10 days before the first day of charter so that the base staff can organize the check-in procedure as smoothly 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 the delivered Crew list information and for the validity of all passports, visas, licenses, and other identification documents. The client and his guests are responsible for obtaining appropriate visas for all countries they travel to, if applicable. In particular, Client acknowledges that the sailing license is an essential document on board and is legally responsible for its accuracy and trustworthiness.
8. Cancellation by Client
Should the charter of the booked Vessel be cancelled by the Client, whatever the reasons may be, the Client shall be liable to inform Salty Miles per email about the cancellation without delay.
Client shall be charged for the cancellation in the minimum amount of:
- 35% of the total yacht charter price if a reservation has been cancelled more than 2 months before the first charter day.
- 65% of the total yacht charter price if a reservation has been cancelled more than 1 month but less than 2 months before the first charter day.
- 100% of the total charter price if a reservation has been cancelled less than a month before the first charter day. In this category of cancellations are also the situations when the Client does not come for the check-in (non-show-up case), or when the Client leaves the Vessel before the contracted check-out time (early-abandon case) – in all such cases, the 100% cancellation fee applies and the Client does not have a right to any refund.
The cancellation policy listed above reflects the most common practice in the yacht charter industry.
However, in some cases, the Charter-Operator may require a higher percentage of cancellation fees under its valid terms and conditions. In such a case, the rate requested by the Charter-Operator shall be applicable.
In all cancellation cases, Salty Miles shall consider the receipt date of information on cancellation as a basis for the settlement of accounts of the cancellation costs. From this date, Salty Miles 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.
The above cancellation provisions are not applicable in the case of a one-time payment of the Charter price by the Client upon receipt of the Pro-forma Invoice, and if the Client consequently acquires right to the additional discount in relation to the initially offered price, i.e. in that case Salty Miles has no obligation to refund any part of the payment of the Charter price if the Client cancels for any reason whatsoever.
9. Changes and Modifications
Should the Client request a minor change in the booking details (e.g., change of name or similar), an administrative fee of 45 EUR shall be charged to the Client. 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 significant change, Salty Miles reserves the right to charge for the cancellation of the original booking. Alternatively, Salty Miles may choose to grant the requested change to the Client without charging the cancellation of the original booking; however, in such a case, an administrative fee of 300 EUR shall be charged to the Client.
10. Cancellations by 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 & Conditions of that Charter-Operator.
Examples of what most Charter-Operators would offer to the Client in such cases are:
- reservation of another Vessel of similar size and with similar features, from the same fleet or from another fleet, if possible,
- a refund of all amounts received from the Client for the Vessel.
11. Security Deposit
Before taking over the Vessel, the Client must give a security deposit (hereinafter: Deposit) in the amount according to the valid Price List of the Charter-Operator. The Deposit may be given either in cash or with one of the credit cards accepted by Charter-Operator, in accordance with Charter-Operator's base processes. After the completion of the yacht charter, the whole Deposit shall be repaid to the Client, unless some Vessel damage or loss of equipment has occurred, or unless the Client or its Crew has not acted in accordance with these Terms and/or the valid terms of the Charter-Operator.
However, suppose damages or a breach of Terms have occurred. In that case, the Deposit will be retained partly or fully, depending on the size of the Damage or breach and the details of the charter operator's policy.
Some typical industry practices are as follows:
- In case of larger damage or breach, the Deposit shall be kept in full, and the Client has no right to its refund.
- In case of minor damage or breach, Charter-Operator will retain the amount needed for repairs and the purchase of damaged or lost equipment, covering intervention costs and/or handling costs, while the rest of the Deposit shall be refunded to the Client.
- In case the Vessel is not capable of going to the next charter due to the incurred damages, the full Deposit shall be taken because the Charter-Operator shall have expenses related to remunerating the next client.
In case if the damage has happened due to gross negligence of the Client, or behaviors 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 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 lost charter income in the following weeks.
12. Insurance
According to industry standards, charter vessels are typically insured with a deductible franchise. The insurance usually does not cover damages to clients' personal property, property brought to the boat, damage deliberately caused, or any harm resulting from clients' lack of diligence.
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.
13. Taking over the Vessel/ Check-in
The Client is obliged, upon taking over the Vessel, to provide the representative of the Charter-Operator with a verified voucher containing all the Client's data and charter appointment, along with a copy of the skipper's license. Also, identification documents (e.g., passports) of all guests on board must be provided to re-check 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 and confirm the condition of the delivered Vessel with their signature. The same procedure shall be done with the instruments aboard. Any subsequent complaints from the Client 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 before 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. Client acknowledges that such situations are not under the influence of either Salty Miles or Charter-Operator, but are a consequence of damage made by a previous client.
Typically, in the yacht charter industry, the Vessel is to be delivered with full fuel and water tanks and returned to the charter base in the same state with full tanks.
Because Vessels are expensive property and a certain level of skill is needed to operate them, the Charter-Operator may require a Client (or their skipper) to demonstrate their navigation skills in the presence of a representative of the Charter-Operator. Client shall pay the costs for the stated demonstration (if any), and the time spent for testing shall be included in the charter period of the Vessel. If it is deemed that the Client (skipper) is not skilled enough, the Charter-Operator shall hire an official skipper, and the Client shall pay the required costs for such a service according to the current Price List. If the Client refuses the assigned skipper, s/he will be forbidden from sailing out, the charter contract shall be immediately terminated, and the paid amount shall be kept without any rights of reimbursement.
14. Taking back the Vessel/ Check-out
On the occasion of returning and re-checking the Vessel according to the inventory list, the fuel tank shall also be examined. If the fuel tank is not complete, 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, Client shall pay for damages to a 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 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 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 Ivankoic Nautica about his/her intentions. Salty Miles 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 all the necessary paperwork for additional days (such as prolongation of the booking, prolongation of the crew list, etc.).
15. Sailing Area
The basic sailing area of the Vessel is stated in the registration documents of the Vessel in question. Suppose the Client wants to sail outside the basic sailing area. In that case, the Client shall be liable to inform Salty Miles of their intentions before booking confirmation so that the Vessel can be insured and registered for that occasion. Simultaneously, the Client shall be charged for the stated additional insurance and registration costs, along with any extra fees that may arise for Salty Miles or Charter-Operator due to this request.
Charter-Operator may also request a higher Deposit in such cases. 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 at his own cost, as most commonly Charter-Operator maintenance and intervention services do not cover those areas. Charter-Operator shall advise the Clients on their processes in such cases.
16. Damages during yacht charter
Should any damage emerge during the yacht charter owing to the usual abrasion of the Vessel's materials or the ageing of equipment, the Client should inform the Charter-Operator without delay. Suppose severe damages, engine troubles, loss of the Vessel, personal injuries, and similar incidents happen. In that case, the Client is liable to inform Charter-Operator and Salty Miles about it without delay, and to obtain official minutes and certification on the incident that emerged from other parties (e.g., port authority, physician, authorized expert, etc.).
In all such cases, further procedure will be handled according to the valid processes and Terms & Conditions of the Charter-Operator in question. Damages that were not reported and have no recorded minutes shall be considered to have emerged due to the Client's negligence, and in such cases, they must be paid by the Client.
17. Liabilities of Charter-Operator
Charter-Operator is responsible for the correctness of the accommodation (i.e., of the Vessel), investment maintenance, current maintenance, as well as 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 check-in, special needs... etc.) Charter-Operator may try to resolve them to the satisfaction of the Client. Still, Client acknowledges that this is not a liability of Charter-Operator, and cannot ask for remuneration if such special requests were not fulfilled or were fulfilled only partially.
Charter-Operator is responsible for bearing expenses towards the Client in case of not fulfilling its obligations, according to the valid Terms & Conditions of that Charter-Operator. However, the Client cannot expect refunds for delays or issues caused by Force Majeure (e.g., earthquakes, floods, thunder, fire, other natural calamities, wars, civil wars, terrorism, strikes, etc.).
The Client acknowledges that Charter-Operator is an entirely separate legal entity from Salty Miles, and that the role of Salty Miles in the booking process is that of mediator only, as described in the chapter below.
18. Liabilities of Salty Miles
Salty Miles works with an extensive international online database of Vessels and has established business partnerships with many charter operators who manage boat fleets.
The Client acknowledges that Salty Miles acts as an Agency-Mediator between the Client and Charter-Operator. Thus, Salty Miles will provide the Client with information on the type of the Vessel's accommodation, its integral parts, and possible additional costs (services of skipper, etc.), as well as assist the Client in obtaining the most appropriate Vessel offers to meet the Client's specific needs, and assist the Client throughout the entire booking process. Salty Miles will also be there to answer the Client's relevant questions and provide information needed for the Client's preparation for the charter.
Salty Miles shall inform Charter-Operator about relevant booking information, collect documents from the Client (e.g., licenses, crew lists, etc.), as well as make payments to Charter-Operator and perform all other agency-mediator duties according to the business cooperation contract concluded between Salty Miles and Charter-Operator. In case of any possible disputes between Client and Charter-Operator before, during, or after the charter, Salty Miles will put its best efforts to help the Client and strive to protect the Client's interests to the maximum possible extent. Also, in case the Charter-Operator fails to fulfill some of its obligations towards the Client, Salty Miles will support and assist the Client, striving to obtain an appropriate refund from the Charter-Operator.
In extreme and sporadic cases where the Charter-Operator entirely fails to fulfill its obligations (e.g., filing bankruptcy, loss of Vessels, or similar), Salty Miles will make every effort to assist the Client in finding the best possible alternative solution with minimal costs/losses for the Client.
Client acknowledges that Salty Miles shall not be liable to pay to the Client any refund or loss caused by failure of Charter-Operator to fulfill its obligations, provided that Salty Miles had made appropriate payments to Charter-Operator for chartering the Vessel(s), following the corresponding Client's payments to Salty Miles. Still, Salty Miles will assist the Client in obtaining appropriate refunds from the Charter-Operator and protecting the Client's interests as stated above in this article.
19. Liabilities of the Client
Other than what was already stated in these Terms, the Client shall also be liable:
- to be nautically skilled for the Vessel charter, otherwise he shall be liable to accept a skipper according to the effective Price List of Charter-Operator,
- to have all required licenses for operating the Vessel in case of bareboat charter,
- not to leave the Vessel to the third party,
- not to transport persons or goods for commercial purposes, or engage in any other commercial use of the Vessel,
- to have aboard the exact number of persons, and the 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 the charter,
- to promptly inform the Charter-Operator about any possible changes in crew members or passengers,
- to fully respect the 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 before the acceptance of help, unless prescribed otherwise by the Charter-Operator,
- to undertake all safety precautions to keep the Vessel in good condition and avoid any damage or towing of the Vessel,
- not to leave the port if the foreseen wind force was estimated to be stronger than 25knots, or if the port authorities issued a prohibition on leaving 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 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 permission 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), to avoid unnecessary and expensive search for the Vessel,
- not to operate the Vessel under the 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, harbors, and other mooring locations,
- to respect the privacy and night-rest rights of occupants of the neighboring vessels and houses,
- not to engage in fishing or any other submarine activities without a valid license for such activities,
- not to embark pets (dogs, cats, birds, etc.) aboard without the written consent of the Charter-Operator,
- to respect any other provisions that are not listed above, but are listed in the valid Terms & Conditions of the relevant Charter-Operator.
20. Complaints
Complaints shall be accepted in writing on the date of taking over the Vessel (check-in). The Client and the representative of the Charter-Operator must sign them. 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, Charter-Operator will inspect the issue, and if the complaint is justified, organize additional cleaning activities to address it. In case of such complaints, there will be no financial refund.
- In the event of minor reported shortcomings or damages that do not seriously affect the security of navigation, the Charter-Operator will inspect the issue. If the complaint is justified, the Charter-Operator will organize all reasonable activities to correct the issue. The Client acknowledges that, despite the team's best efforts, it may sometimes be impossible to correct the problem within a given time frame due to objective reasons. Generally, in case of such minor issues, there will be no financial refund.
- In the event of significant reported shortcomings or damages that seriously affect navigation security, the Charter-Operator will inspect the issue and, if justified, organize all reasonable activities to correct it as quickly as possible. Depending on the time needed to correct the problem, the Client will be remunerated by the Charter-Operator According To the relevant provisions of the Charter-Operator's Terms & Conditions.
If the Client has filed the complaint via Salty Miles as the Client's Agency-Mediator, Salty Miles will analyze 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 2 parties, in a timely and fair manner. Salty Miles will provide an official answer to the Client as soon as possible, and at the latest within 7 days from receiving relevant answers from the Charter-Operator.
20. Terms of the Charter Operator
Client acknowledges that in some cases, the Charter-Operator, in its valid Terms & Conditions, may have different requests and conditions regarding the Vessel chartering than set out in these Terms.
Client acknowledges that for his obligations to Charter-Operator, the Terms of Charter-Operator will apply.
21. Jurisdiction
The parties will strive to resolve any dispute peacefully. If the parties are not able to reach an agreement among themselves, the court in Zagreb, Croatia, has jurisdiction over their dispute.
22. Validity
These Terms come into force and are valid starting from January 1, 2021, and from this date replace any previous general terms and conditions for yacht charter of Salty Miles. These Terms remain in force until the next version of the general terms and conditions for yacht charter is officially issued and comes into force. On the official web pages of Salty Miles, there will always be a presently applicable version published.
23. Salty Miles details
Beneficiary: Salty Miles
Company address: Cesta Lovranska Draga 39
Bank: Erste & Steiermärkische Bank d.d.
Bank address: Jadranski trg 3A, 51000, Rijeka
IBAN: HR5124020061140444115
SWIFT: ESBCHR22
Currency: EUR
OIB (Personal Identification Number): HR 07758572322
Owner: Aleksandra Ivanković
Email: info@saltymiles.com
Phone: 385 97 7147 132
© 2022-2023 Salty Miles
All materials are intellectual property. Use is possible only with written permission.
All materials are intellectual property. Use is possible only with written permission.
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Banking Details
- SALTY MILES
- Salty Miles obrt za turizam i usluge
- Owner Aleksandra Ivanković
- OIB 07758572322
- 51415 Croatia, Lovran, Cesta Lovranska Draga 39
- IBAN HR5124020061140444115
- Email us: info@saltymiles.com
- Call us: +385 97 7147 132