Cruise Terms and Conditions

GENERAL CHARTERING TERMS AND CONDITIONS 

Definition of terms: 
For easier readability and for better understanding, we explain the following terminology in advance: 

The Stakeholder: ORVAS d.o.o., the company responsible for renting out yachts (hereinafter: vessel/s or boat/s) to the Client and the representative of the Owner.

The Client: A natural or legal person who charters/rents a crewed vessel. A natural person is a direct customer and his/her party who will directly use the service. Legal person is a broker who charter the Vessel for the direct customer and his/hers party. 

The Broker: acts as an intermediary between the Client (end user) and the Charter company. Broker provides the Client with offers from the Stakeholder, taking into account the rights and interests of the Client, and in accordance with customs and good practice in tourism business.

The Owner: the owner of the vessel and service provider. 

Vessel: any boat, motor yacht, sailing yacht, catamaran, gulet, motorsailer or small cruise ship. 

Chartering: The practice of renting, or chartering, a vessel and travelling to various coastal or island destinations. Unless under a special agreement, the ships will cruise within Croatian territorial waters according to a suggested route. 

Charter period: The period of time during which that vessel is rented by the Client, under and in accordance with these Terms and conditions. 

These booking terms and conditions are part of the contract and are accepted with signing a contract or consenting to cruise (paying after an offer or embarking on a boat without a contract, ordering a cruise with an agency, etc).  

1. Charter price 

The price includes: the charter services during the agreed cruising time, fuel and lubricants consumed while cruising for 4 hours in average per day, yacht’s crew and their salaries, VAT, insurance of the ship, the crew and it’s passengers while on the boat, minimum 4 hours of generator working per day (or more, depending on vessel), complete bed linen and towels. 

The price excludes: food and beverages, port and marina fees (including first and last day of charter), tourist tax/person/day, additional sports equipment, use of water sport equipment that consumes fuel, entrance fees to national parks, special taxes to private marinas to meet the client's demand, special transfers, guided tours, special demands for embarkation and disembarkation of the client, daily more than 4 hrs cruising, tips and gratuities for the crew.  Unless otherwise agreed when confirming the reservation.

In case of a conflict of information between the special conditions and the information in this article, the special conditions of the boat will prevail.

2. Terms of payment

The agreed price is paid in two instalments. The first 50% must be paid in advance as soon as the reservation and the signatures of agreement are completed-that payment also means booking confirmation. The remaining 50% must be paid 6 weeks before the departure date. 

3. Cancelation policy

If the Client cancels the Contract after having already paid the any instalment for the use of the vessel, the Owner is not obliged to return the received amount of money. 

The Client and the Stakeholder can find an alternative arrangement with the same terms and conditions as in this agreement. The stakeholder shall not be liable for any curtailment of the holiday caused through fault or reason of the passengers. No refund shall be made in the event of curtailment of the holiday once it has commenced, however caused, nor shall the company be liable for any consequent expenses incurred as a result of curtailment. 

In case the Client cancels the accommodation service due to force majeure (e.g. war, riots, strikes, terrorist acts, sanitary conditions, pandemics, natural disasters on a larger scale, sudden illness, serious bodily injury, interventions by the competent authorities, or other exceptional and unexpected circumstances), the Owner does not assume responsibility of inability to deliver paid services and the Client shall not be entitled to a refund.   

Cancellation or variation by the owner or the Stakeholder: The Stakeholder reserves the right to cancel or alter the holiday arrangements should unforeseen circumstances require it. Should cancellation be necessary before embarkation, the Stakeholder will, if possible, offer an alternative holiday or will alternatively make a full refund of all money paid by the Broker.  The Stakeholder is obliged to end the cruise in the harbor agreed in the original planned route. In the event of badly weather conditions, the Owner may end the cruise in the closest place with public transport. The Stakeholder liability of any kind is limited to the cruise price. 

4. The Client’s obligations

The Client is obliged to pay the agreed price of the rent of the vessel with the crew, together with all additional costs, as stipulated in the Charter Agreement, directly to the Stakeholder, unless otherwise agreed in the Charter Agreement. 

The client must deliver the exact crew list to the Stakeholder at least two weeks before the embarkation.  It is not permitted to have more persons on the boat than are listed in the crew list or above the maximum number of passengers. 

The Client is required to send filled preference list as late as 2 weeks prior embarkation (any special dietary preferences required or specific medical issues that may affect the safety of the guests). 

The Client must take one of the food options. Half board is obligatory. The price is per a person/week includes breakfast and lunch (or supper if agreed with the crew in advance). Some vessels may offer extra meals with additional cost and up to 2 times per week. Full board includes breakfast, lunch and supper. Breakfast is served (approximately) from 8.00 to 9.00 hrs and lunch from 13.00 to 14.00 hrs. Supper is served from 19.00 to 21.00 hrs.

Unless agreed otherwise, it is forbidden to bring own food or drinks on board.

Drinks and beverages are not included in any of food options but are being paid separately either as drinks package or by the bar price list. Some vessels might offer corkage fee allowing the Client to bring own drinks on board.

The Client is obligated to respect the Captain’s decisions, especially in regards to safety measures and optional route changes. The Client is obligated to obey all the safety measures present on board and is also obligated to avoid any actions that represent a danger to human health (e.g. jumping from the Vessel into the sea), or to the safety of property and navigation. 

The use of standard and rented additional equipment used on the trip (including, but not limited to, footbridge, safety net, SUP- Stand Up Paddle, kayak, water scooter, water ski, diving equipment, etc.) is the responsibility of the Client. The Stakeholder and the Owner disclaim any responsibility for loss/damage or possible injuries caused by the use of the equipment to the Client or third parties. 

5. The Stakeholder’s obligations

In the event that the ship is unable to put out to sea, the Stakeholder will offer an alternative vessel – of the same or even better quality. In the event that the alternative vessel is of lower quality than the reserved one, the price will be reduced to reflect the difference in quality.  

The the Stakeholder’s liability, of any kind, is limited to the cruise price. In the event that the Stakeholder is unable to provide an alternative vessel, the Stakeholder may take up to 24 hrs to repair the original vessel. During this time all complaints of the Client are not acceptable. 

The Stakeholder shall not be responsible for loss/damage of the Clients’ private possessions. 

6. The Captain’s right

The captain of the Vessel is responsible for the safety of the Vessel, the crew and the party on board. 

The Captain can modify the itinerary and boarding location in the event of bad weather conditions or in the event of it being objectively impossible to put in to a planned harbor. 

The Captain is entitled to terminate the rental. This is possible, but not limited to, cases of perilous and/or highly inappropriate behavior of the customers, bad weather conditions, braking any local laws, intentional ignorance of safety measures or producing serious damage of property.  

7. Notes & Restrictions

The specific check-in and check-out location will be finalized later (in the boarding pass), and adjustments may be made if unforeseen situations arise. If vessel is booked from destinations like Split or Dubrovnik (or any other city in Croatia), the exact embarkation and disembarkation location can be in the area with radius of up to 30 miles from these cities.

The vessel should arrive at the port of disembarkation the night before check-out (if not agreed differently).

Accommodation services start on the first day with dinner and end on the last day with breakfast (if not agreed differently). Working time for crew is until 23:00 hrs at the latest (after that it is additional work).

The Client is not permitted to bring own drinks and beverages onto the boat, unless agreed differently with the Stakeholder. The bar is open until 23.00 hrs. The Owner is obliged to equip the boat with all necessary food and beverages. All special demands must be made at least 2 weeks before cruising. Any later demands may not be fulfilled. 

All additional payments will be paid in cash at the beginning of the cruise to the Captain or any representative of Stakeholder, except for port fees that are variable costs and are to be paid at the end of the cruise. 

The boat cruises only during the day - not at night. Only by an explicit arrangement with the Captain or as a matter of necessity can the boat cruise during the night. Smoking below deck and in the cabins is prohibited, the Client is obliged to abide by the local laws protecting the environment as well as laws governing fishing and diving. 

Personal watercraft can be operated only in areas where the Captain approves, by the drivers who have valid license with them on board. Person who operates watercraft is the sole and only person responsible for any damages to property or third parties and will cover all other penalties coming from the use of personal watercraft. 

If you are on a wooden boat it’s common to hear wood creaking and some raindrops can come in. On check in crew show the clients function of toilets and in a case of throwing unacceptable objects boat may lose a lot of time in port to fix again toilets. That is not a legitimate cause of complaint. 

8. Complaints

All complaints can be solved by agreements with the Captain on the spot or directly with the Stakeholder’s representative. Unresolved complaints must be made in written form before the end of the cruise or delivered to the Stakeholder not later than 14 days after disembarkation. Not knowing the sailing area, weather conditions of area, as well as bad weather and unrealistic expectations are not a subject of complains. 

In case of dispute the Client will settle dispute directly with the Stakeholder. 

9. Privacy policy 

You can read our privacy policy at http://orvasyachting.com/privacy-policy.html as a part of this T&C.  

10. GDPR policy – General Data Protection Regulation

General terms and conditions of personal data processing you can read at https://orvasyachting.com/en/terms-and-conditions.html as a part of this T&C. 

11. Competence

Any legal action or proceeding arising out of or related to this contract shall be governed by Croatian Law and subject to the jurisdiction of the courts of Croatia, respectively the competent court in Split.