Terms and Conditions

with instructions for yacht charterers

GENERAL

1. This document sets out the standard booking terms and conditions of Roža vetrov d.o.o., trading as YachtCharterAdria (registered address: Ivanci 16, 9222 Bogojina, Slovenia; company number 6745725000).

2. The Broker reserves the right to make reasonable changes to the terms and conditions as and when necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated terms and conditions are published on the Broker's website.

BOOKING PROCEDURE

3. To make a booking, you should complete the online form on the Broker's website. The action of completing this online form confirms that the Guests agree that:

  • a. Any advertisements on the Broker's website constitute an 'invitation to treat' by Slovenian law
  • b. That by filling out a booking you will be making an offer to the Broker
  • c. That the Broker will contact you as soon as possible to confirm availability, the total price due under the contract, payment due dates and other details

4. The Guests confirm that by making a booking via the Broker's website, they have read and agreed to these terms and conditions. If the Guests do not comply with this condition, the Broker reserves the right to cancel the booking without refund.

5. It is the Guests responsibility to check the details on the confirmation invoice and to inform us of any discrepancies immediately. The Broker does not accept liability for the costs associated with any errors in the confirmation email that are not brought to our attention within three working days of the date of the email. We reserve the right to correct any apparent errors in a confirmation email as soon as we become aware of them.

6. The Guests may bring household pets on board the yacht subject to permission from the yacht owner or charter company.

PRICING

7. The Broker reserves the right to change the price of your booking before your booking is confirmed. We will inform you of any such changes. The Broker also reserves the right to correct pricing errors after confirmation.

8. Prices do not include:

  • a. The cost of hiring a skipper, hostess or chef is not included in the Broker's yacht listings. They can be hired on request. Note that if you do not hire a skipper, you will need to produce proof of valid skipper and VHF GMDSS license.
  • b. Food costs for any hired crew members (such as skipper or hostess). Guests are obliged to provide three meals a day at reasonable times for the crew contained in the booking.
  • c. Fuel for the boat or the dingy
  • d. Marina fees and anchorages
  • e. Food
  • f. Transportation to and from your home country, transfers between the airport and the marina, or any other type of transportation

PAYMENTS

9. You will pay the Broker the gross sum owed, which usually consists of the cost of the yacht and transit log (linen, cleaning fee, gas and administration cost). These payments are to be made via Wire Transfer. For security deposit see clause 36.

10. The payment installment plan will vary depending on the trip week and destination you have booked. In general, you will need to pay 100% of the gross sum owed if your trip starts in less than 40 days. If your vacation begins in more than 40 days, you will be able to pay in 2 installments.

11. Failure to pay an installment by a payment due date confers on Broker the right to cancel the booking with no refund.

12. Guests may pay the entire amount owed in one lump sum.

13. It is the Guests' responsibility to check the payment due dates and ensure that payments have been made by following the payment installment plan. Any delay in making a payment may result in your booking being canceled by the Broker without a refund. If you are likely to be unable to make a payment on time, you must contact the Broker as soon as possible to request an extension to the relevant payment due date. If such an extension is agreed, the Broker will communicate this to you in writing.

14. The first payment due date is no later than 24 hours from the time of receipt of booking confirmation unless specified differently. This booking confirmation may be sent by either the Broker or the yacht charter supplier. If this first payment is not made the booking will be automatically canceled and reopened for reservations from other guests.

15. As soon as the first payment is made a contract will automatically arise between you and the Broker, granting both parties respective duties and obligations under that contract.

CANCELLATION AND VARIATION POLICIES

Variation by the Broker

16. As the Broker's booking information is prepared well in advance, some minor aspects of your booking may have to change closer to the time of your holiday to make the booking work. You will be notified before any such changes are made.

17. If significant changes to your booking are needed, you will be notified as soon as is reasonably possible. These changes can happen for instance if the vessel has been significantly damaged by previous guests and is deemed unsafe, etc. In this instance, you will be able to either:

  • a. Cancel the booking with a refund of all sums you have paid
  • b. Choose to accept the changes

You must inform the Broker of your decision within two days of being notified of the changes made to your booking. If no action is taken, Broker shall be entitled to infer that you have chosen to accept the changes.

Cancellation by the Broker

18. The Broker reserves the absolute right to cancel your booking under any circumstances. If the Broker cancels your reservation under this clause, you will be entitled to a full refund.

19. The broker will not cancel your booking under clause 18 after the balance due date unless you default on the payment of the balance or such cancellation is necessary because of the damage to the vessel or force majeure.

20. The Broker reserves the right to cancel your booking without any refund if you do not meet your obligations under clause 4 (guests have read and agreed to terms and conditions); provision 29 (substitution of customers); clause 37 (travel insurance); and clause 49 (reselling).

21. The Broker reserves the right to cancel your booking without any refund if circumstances arise that make the reservation impossible and are out of the Broker's control or which the Broker could not have prevented. Examples of such situations include (but are not limited to) dangerous weather conditions, fire, natural disaster, industrial actions, war, riots, and natural disasters.

Cancellation by the Guests

22. If you decide to cancel your booking, the Guests must inform Broker in writing as soon as possible. Your reservation will not be canceled until the Broker receives your notice of cancellation in writing. If you transmit this written notice by email, then you must follow up via telephone during the Broker's regular office hours (any weekday except a public holiday between the hours of 0900 – 1700) to check that the email has been received.

23. If you cancel your booking following minimum cancellation charges (as a percentage of the total booking cost) shall apply:

  • a. From booking date to 61 days before the trip 30%
  • b. From 60 to 41 days before event date 50%
  • c. Within 40 days of event date 100%

24. The broker will take reasonable steps to ensure that all costs and losses are kept to a minimum.

25. Your travel insurance policy may cover cancellation charges. Please check your policy for details.

Variation by the Guests

26. If you would like to change any aspect of your booking, you must inform the Broker as soon as is reasonably possible. You will be responsible for the additional costs incurred in implementing the changes.

27. Please note that the Broker may not be able to implement all the changes you wish to make. Any changes will be subject to availability and will be made at the Broker's discretion.

28. Changes of yachts or dates will be treated as cancellations and charges will be applied following clause 23 and 24. However, if a more expensive booking is subsequently made and the previous yacht is resold at the original booking value, the usual cancellation fee shall be waived, and an administration fee equivalent to 10% of the initial booking cost shall be levied in its place.

29. Change of Customer:

  • a. If the Guests or any member of your crew no longer wish to participate in the charter or benefit from the services booked, the Broker may, subject to availability, agree to a substitute customer being added to the booking. You should notify the Broker in writing at least 14 days before the date of the trip of your intention to substitute a person on the reservation. However, this is subject to Broker's written acceptance of the arrangement and both the leaving and the substitute parties accepting joint and several liabilities for full payment of any sums outstanding for the booking.
  • b. The Broker may charge you an administration fee of €25 per Guest or crew member name change. The broker retains the absolute right to refuse to accept the substitution.
  • c. In requesting a change of customer, the Guests confirms that the new customer has read and agreed to all relevant terms and conditions.

YACHT SPECIFICATIONS

30. You can find specifications, measurements, inventories, and other data relating to yachts on the Broker's website. However, the Broker cannot guarantee that the vessel will meet the exact details described on the site. Since the charter company provides this information, you should liaise with them regarding any discrepancy between the description on the Broker's website and the yacht.

31. Pictures of yachts are intended only to give a general idea of the type of boat you are chartering. Sometimes there are differences between the yacht shown in a picture on the website and the yacht the charter company gives you. Since these pictures are provided to the Broker by the charter companies, the Broker cannot guarantee that your boat will be the same as the one shown in the picture on our website. However, the Broker takes misrepresentation very seriously. If you believe that a picture on the Broker's website is misleading, please inform the Broker as soon as possible so that steps can be taken to amend the situation.

32. The Guests must communicate all damages to the vessel immediately to the charter company which will provide you with information on how to proceed or perform the necessary work or replacements of the equipment. Unauthorized repairs and replacement of parts of the equipment will be carried out at the expense of the Guests.

33. Additionally, you must pay a security deposit for the vessel and the tourist tax directly to the charter company in the marina. Usually, security deposit insurance can be paid instead of a security deposit. Different conditions may apply. The charter company will refund your security deposit if there is no damage to the vessel.

34. At check-in you may be required to sign the charter company's terms.

35. The broker makes no representation regarding any vessel's seaworthiness or the state of any ancillary equipment. Such observations may only be made by the supplier of the boat or equipment.

PASSPORTS AND VISAS

36. The broker cannot help you to obtain the correct passports, visas, or other documentation that you might need to enjoy the booking made through Broker.

TRAVEL INSURANCE

37. The Broker does sell travel insurance and risk of cancelation insurance. Alternatively, you may buy third-party travel insurance. However, you must obtain travel insurance before going on holiday. You should make sure that your insurance policy covers adventurous activities such as sailing. Please read your policy carefully to ensure it complies with this requirement. It is a condition of your booking that you have a suitable travel insurance policy in place. The Broker accepts no liability to those who travel without travel insurance in breach of this clause.

YOUR BEHAVIOUR

38. If, while on the vessel, your behavior poses a danger to you or those around you, causes or is likely to cause damage to people or property, breaches any local law, or causes or is likely to cause a public nuisance, the Broker has the right to cancel your booking without paying you any refund. This means (among other things) that your skipper (if you have hired one) could refuse to continue to work and that you could be made to leave the vessel mid­way through your booking.

39. External speaker systems are not permitted.

40. Guests must ensure:

  • a. They will diligently deal with the hired vessel and its associated equipment
  • b. They will use the vessel only in the area of territorial waters and will strictly observe the rules of navigation
  • c. That the vessel will only be used for holiday accommodation

41. The vessel must be returned to the charter company at the agreed place and time, intact and with a full fuel tank. Usually, this is the evening before the day of check-out. If the Guests do not fulfill this obligation, they will be liable to pay the amount specified in the charter's general conditions for hiring a vessel for each missed day. The costs of lost or damaged parts of a vessel or equipment will be deducted from the security deposit. If the fuel tank is not full, the amount will be deducted from the security deposit.

RESPONSIBILITY

42. The Broker accepts responsibility for using reasonable care and skill to ensure that the vessel is supplied as described in our promotional material, and that services offered and carried out are of a standard reasonably expected by a person skilled in providing and carrying out such services.

43. The Broker will take reasonable care to ensure that reputable suppliers and businesses provide the services that make up your yacht charter. These organizations follow local and national regulations and laws of the country in which they operate. You agree that overseas safety standards may differ from those in your home country and some instances may not meet the criteria you are accustomed to at home.

44. Our obligations, and those of our suppliers, in respect of reasonable care, will follow the local law or, in the absence of this, local custom.

45. The Broker will not be liable where any failure was due to:

  • a. The acts or omissions of the person(s) affected;
  • b. The actions or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
  • c. Unusual and unforeseen circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or,
  • d. An unusual event which either we or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.

46. Our liability is, in all cases save for death or personal injury, limited to the amount of the brokerage commission.

DATA PROTECTION

47. The Broker will use your personal data for administration, statistical analysis, and improving services. The broker may disclose your information to its service providers and agents for these purposes. You have a right to request a copy of the personal data the Broker holds about you, for which the Broker may charge a fee.

48. The Broker maintains a full privacy policy which may be viewed on the Broker's website. By booking through the Broker, you agree to the terms of that privacy policy.

RESELLING

49. The Broker does not permit reselling of its products without prior written consent.

ENFORCEMENT

50. No failure or delay by the Broker in enforcing these terms shall prevent the Broker from enforcing them at a later date or act as a waiver of its right to do so. Similarly, partial enforcement shall not preclude further enforcement of the same (or another) term at a later date.

SEVERABILITY

51. If any provision or part of it is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part­ provision will be struck out of these conditions and the remainder of these conditions will apply as if the offending provision or part-provision had never been agreed.

ASSIGNMENT

52. You may not transfer or assign any of your rights or obligations under these conditions without the Broker's prior written consent.

JURISDICTION

53. Your contract with the Broker shall be governed exclusively by the law of Slovenia. The courts of Slovenia shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non­contractual disputes and claims).

Updated April 13, 2019