General terms and conditions
In these terms and conditions the following terms shall have the meanings set forth below:
„AGB“ are these General Terms and Conditions.
„Down payment“ is the payment amout, which is due immediately in the course of booking and is transferred to the charter company. The deposit is 30% of the respective charter price.
„Booking“ is any booking of the catamaran made by a charterer on our website or in any other way.
„Charter price / booking fee“ includes the use of the catamaran as specified by the charter company for the booked service period, excluding extras and additional costs.
“Charterer” means any person or legal entity having legal capacity who enters into an agreement with the Charterer for the reservation/booking of a boat.
“Charter Contract / Charter” means the lease contract concluded between the Charter Company and the Charterer for the use of the catamaran for the carriage of goods and persons.
“Catamaran” means the catamaran “Black Duck Catamaran Lagoon 450 F” offered for charter by the charter company.
“Starting and destination port” is Marina Pirovac, Obala Rtine 1A, 22213 Pirovac, Croatia.
“Charter Company” is BlackDuck Nautica d.o.o., which owns the catamaran..
“Contract partners” are the charter company and the charterer.
- For the use of this website or the services offered on this website, these General Terms and Conditions apply in the version valid at the time of booking. By using our services or this website, you agree to be bound by the following terms and conditions. Differing conditions of the charterer are not recognized by the charter company.
3. Charter price
- The charter price includes the rent of the catamaran.
- The charter price includes:
- Rent of the catamaran
- Rent for the dinghy
- Use of water toys; SUP, snorkelling equipment, wakeboard
- insurance for the ship
- insurance of passengers
Costs not included in the charter price and to be paid extra by the charterer:
- as so-called “Transit Log” indicated costs in the amount of flat rate 490,- per booking: tourist tax, final cleaning, bed linen, towels & bath towels, toiletries.
- Costs for skipper and stewardess flat rate 300,- per day (total)
- Fuel for the catamaran and dinghy depending on usage
- port taxes and fees
- meals and drinks on board
- arrival and departure from the port of departure and destination is individual
- entrance fees to national and nature parks & individual excursions on land
- individual travel and cancellation insurance
- dinner ashore
- Optional dinner on board if the captain cooks. (These costs are to be agreed with the captain).
4. Security deposit
- The Charterer shall pay a security deposit in the amount of EUR 1,000.00 to the charter company upon taking over the catamaran.
- The security deposit can be paid in cash or per pre-transfer. The security deposit shall be returned in full, provided that no damage or defect to the catamaran or equipment is found upon the return of the catamaran and there are no filed claims of third parties. In case of loss or damage of the equipment, certain parts of the catamaran or the catamaran itself, the Charter Company is entitled to retain from the security deposit the amount corresponding to the value of repair, acquisition and/or purchase of the equipment or certain parts of the catamaran.
5. Handover and takeover of the catamaran
- The handover of the catamaran and the cabins (rental start time according to the booking confirmation and as mentioned above) takes place at 5 pm, the return of the ship takes place at 9 pm, unless otherwise agreed in advance, at the port of departure and destination.
- The Charter company or a third party appointed by the Charter company undertakes to provide the Charterer with detailed instructions on how to use the catamaran when handing it over. Any defects, damages or missing equipment must be recorded in writing.
- The Charterer may refuse to take over the catamaran if its safety equipment and safety standard do not comply with national regulations or if the hull, deck or the hull/deck connection, rigging, sails or steering gear are so badly damaged that the safety of the vessel and crew is no longer guaranteed.
- The Charter company can refuse to hand over the catamaran if the charter fee is not paid in full, the deposit is not deposited or replaced by insurance, necessary documents (license etc.) are missing.
6. Payment of the charter price, contractual penalty, solidary liability
- The charter is considered booked and reserved after timely receipt of the first payment. The date of receipt of payment by the charter company is decisive.
- The contract shall commence on the date stated in the booking confirmation.
- 30% deposit of the charter price is due immediately upon receipt of the invoice. The other 70% balance of the charter price is due 60 days before departure. Additional services will be invoiced separately.
- If the booking is made less than 60 days before the start of the trip, the full amount must be paid immediately upon receipt of the invoice and booking confirmation.
- If these deadlines are not met by the charterer despite a reminder, the charter company is entitled to withdraw from the contract and demand 50% of the charter price as a contractual penalty.
- Several charterers are jointly and severally liable to the charter company for all claims.
7. Charterer’s withdrawal, cancellation, postponement
- A booking confirmation of the charterer (in writing by letter, by e-mail or verbally) is binding. It is recommended to take out a cancellation insurance.
- The booking period can only be changed with the consent of the Charter company and according to the possible options.
- If the Charterer cannot start the trip as planned, the Charter Company and/or the Agency must be informed immediately.
- In case of cancellation by the Charterer, the deposit will not be refunded. The remaining payment will be refunded if the cancellation is made at least 30 days before the start of the trip.
- The Charterer has the right to provide a reasonable and solvent substitute charterer. The substitute charterer must declare in writing to the charter company before the start of the charter that he is aware of the charter contract and accepts it in all parts. In this case, the previous charterer is jointly and severally liable with the substitute charterer for the payment of the charter price.
- In case of early departure of the Charterer or their co-travelers, they have no claim and right to a proportional refund of the total costs (charter price, food & beverages, additional services).
8. Code of conduct
- The Charterer declares that he will inform his fellow passengers about the following rules of conduct and the provisions on the exclusion of liability of the Charter Company before entering the catamaran and that he will bind them to the obligations resulting from them. By entering the catamaran all passengers accept the following regulations.
- In accordance with the maritime customs and the provisions of the maritime law, the skipper is responsible for the management of the ship and has the sole decision-making authority in all maritime, navigational and other questions of ship management, safety on board and regarding the welfare of the passengers. The ship may be moved only by the skipper. The orders of the skipper must be obeyed. This also applies to fishing, bathing and diving. The planning of the trip takes place in consultation with the skipper, who alone decides whether the weather and wind conditions and the state of health of the passengers allow a departure from the port, the trip can be carried out as planned or for safety reasons must deviate from the planned route. The ship is always sailing during the day, not at night.
- When handing over the catamaran, the skipper will instruct the crew on the rules of living together on board and on the handling of the catamaran, as well as on the safety regulations.
- The Charterer and his fellow passengers are obliged to mutual consideration and careful handling of the catamaran and its equipment. The charterer is liable for any damage to the catamaran caused by him or his fellow passengers.
- In particular, the following must be considered:
- Damage caused wantonly or by carelessness will be charged to the charterer.
- The catamaran may be entered only with deck shoes with soft light sole. Shoes with heels are not allowed.
- Smoking is strictly prohibited on the catamaran as well as on the dinghy.
- Luggage is not to be brought in hard cases, but only in cloth bags.
- No objects or toilet paper may be thrown into the toilet, otherwise the pumps and pipes may become clogged and require costly repairs at the charterer’s expense.
- Children under 7 years of age and pets may be taken on board only with the prior consent of the charterer. If pets are taken on board, the charter company may charge a special fee for cleaning the ship.
- Children and pets are to be supervised by their parents or owners at all times. The charterer/parents/owners are always responsible to take care of the safety, supervision of the children or pets. This responsibility cannot be delegated to the skipper or the rest of the crew.
- The foreign exchange, customs and entry regulations of the countries visited must be respected. The consumption and carrying of illegal drugs as well as the carrying of weapons is strictly prohibited.
- Children under 12 years of age and passengers who cannot swim well must always wear suitable life jackets as soon as the ship is in motion. In all other respects, the skipper shall determine in which sea and wind conditions life jackets are to be worn and the use of the life belt (safety harness) is required.
- In case of serious or repeated violations of the rules of conduct and instructions of the skipper, the skipper is authorized, if necessary, to cancel the trip, to exclude individual passengers from the trip or to waive an exit from a port, without any claims for reimbursement of the charter price or damages against the charter company, the agency or the skipper.
- The Charterer and his fellow passengers must adhere to the maximum number of passengers that can stay and sleep on board according to the ship’s documents. If the catamaran is in port, it is up to the skipper how many people can stay on board.
9. Liability, warranty and exclusion of liability
- Any liability of the charter company, the skipper and other employees is excluded, as far as this is legally permissible. In particular, the charter company, skipper and other employees are not liable for personal injury and property damage or for the loss of objects and valuables, even if they are at fault.
- If the cruise cannot be conducted as intended due to weather and wind conditions, the health condition of individual passengers or due to other circumstances beyond the control of the skipper or the charter company, in particular due to force majeure, the charterer shall not be entitled to any claims for damages.
- If, during the cruise, a defect in the catamaran or equipment not caused by the passengers or an illness of the skipper makes it necessary to stay in a port, the Charterer is entitled to a proportional refund of the charter price. The charter company is free to provide another ship or crew instead of refunding the charter price. Further claims for damages do not exist.
- The Charterer shall provide the Charter company with the personal data (names, addresses, dates of birth, nationality) and copies of passports or identity cards of all passengers at least 30 days before the start of the cruise.
- The Charterer warrants that he and all passengers are in good general health.
- The charterer is responsible for the timely arrival and return to and from the port of departure / destination.
11. Applicable law and jurisdiction
- The Charter Contract, its conclusion, performance and dissolution, and any rights arising therefrom, including this choice of law clause, shall be exclusively governed by and construed in accordance with the laws of Austria with the exception of its conflict-of-laws-rules.
- All disputes arising out of or in connection with the Charter Contract, including disputes relating to its validity and enforceability, shall be finally and exclusively settled by the court competent for Eisenstadt, Austria.