GENERAL TERMS AND CONDITIONS OF BOAT CHARTERS
1. OFFER CONTENT
All services from ADRIA LUXURY TRAVEL Ltd.’s (further referred to as ALT agency, or ALT) program offer are published on the www.adrialuxurytravel.com web page, according to the described standards and contents.
ALT guarantees the authenticity of pictures and information from its own offer, as well as for the conditions under which certain services are offered.
The standards of meals, services etc. in certain locations and countries are variable and are not commensurable. The information which travellers receive at other selling locations will not oblige ALT more than the information published on our website.
ALT is obliged to provide to the charterer (further referred to as the client) with the chosen boat according to data and terms published on the official web pages, and in line with the description and the time period of the confirmed reservation, except in the case of illness, bad sea/weather conditions, force majeure (natural disasters, war, strike, etc.) or a sudden death in the family.
2. INQUIRIES AND RESERVATIONS
Inquiries for all services from ALT’s list of offers are to be submitted in electronic form, on the template available at www.adrialuxurytravel.com, or by email, in the ALT agency office or in ALT authorized representatives’ offices.
While completing the inquiry, the Client is obliged to fill in the form with all of the required information, i.e. during application in our office or our representatives’ offices, to show all required documents necessary to carry out the prescribed procedure. ALT does not take responsibility for authenticity of information provided by the Client during application.
Before the submission of the inquiry form, the Client must confirm that s/he is familiar with and agrees to the current general terms of provision of services. In this way, all statements written in the general terms agreement become obligatory for the Client, as well as for the ALT agency.
3. PAYMENTS
In order to confirm the reservation, the Client is obliged to pay, in advance, the overall price of the service, or furnish a guarantee for deferred payment under an agreement for payment method and dynamics.
By payment of the reservation, the Client confirms that s/he is fully aware of all characteristics and terms under which certain accommodation units or services are offered.
4. SERVICE COSTS
The cost includes basic services, as described in each service on the official Adria Luxury Travel web page.
Additional services are those which are possible but not included in the cost of basic service, and thus are additionally charged. Additional services should be requested during the reservation process and are separately displayed in the final invoice.
Optional services are those provided by the ALT agency as a part of a certain program, but are not mandatory for the client to accept.
The costs of all services from the ALT program offer are declared in Euros.
ALT keeps the right of cost modification due to an alternation to the exchange rate. If the exchange rate alternation takes place before the confirmation of the reservation (advanced payment), ALT will inform the guest about cost modification. Should the reservation already be confirmed, ALT guarantees fixed costs.
If there are several discounts available for a certain service, the one most beneficial to the Client will apply.
5. SECURITY DEPOSIT
The security deposit must be paid at the beginning of the charter by cash or credit card (credit card authorization form) by the Client at the begining of the charter service. The safety deposit for the charter is determined according to the insurance policy of chartered boat and its equipment.
The full security deposit is refunded back to the client if the boat is returned undamaged and on scheduled time.
In case of personal negligence and or loss of one or more equipment items the charterer bears all costs.
6. TRAVEL INSURANCE
ALT offers the possibility of accepting travel insurance which contains:
If the Client accepts the travel insurance, s/he is obliged to indicate so during the reservation process. S/he will be introduced to the costs of insurance company services and the ALT agency procurement fees. By accepting these General Terms and Conditions, the Client confirms that insurance was offered to them.
7. BOAT INSURANCE
The boat is insured against third person damages and is fully insured (under CASCO) for all damages resulting from force majeure up to the registered amount of the boat value, for risks according to the insurance policy. If damage occurs during the charter period, the Client is not to be charged (damages due to normal exhaustion or in the case of overdraft of the guaranteed sum) and s/he must receive permission (instruction) from the ALT agency for an adequate repair.
In the event of larger damages, as well as those where other boats are involved, the Client is obligated to report it to the authorized harbour-master’s office and record it according to protocol (the course of events, and estimation of the damage) for the insurance company. The Client is obligated to report it to the ALT agency office as well.
If the Client does not fulfill his/her obligations, s/he can be fully charged for the damage costs. The damages during sails (navigation) are not covered by the insurance so the Client bears the charges for these damages. Insurance covers all the damages by the safety deposit caused by weather or from the other natural disasters, but not the damages made deliberately.
Charges for deliberate damages are not limited by deposit, and all expenses caused by deliberate damage must be paid. Personal belongings are not covered by the insurance. All crew members are covered by the insurance.
8. ALT AGENCY’S RIGHT TO CHANGES AND TERMINATION
ALT keeps the right to change, reschedule or terminate the reserved service in case of circumstances that cannot be predicted, avoided or eliminated (natural disaster, bad sea/weather conditions, war, strike, terrorism, state riots, sanitary disorder, government intervention, etc.).
The change of reserved boat is possible only if the Client agrees and the boat is of the same or higher quality, and at the price confirmed during the reservation. If the alternative accommodation is possible, only in object of higher category and by the price up to 10% higher than original one, ALT keeps the right of charging the remaining amount upon consultation with the Client.
Should ALT be unable to offer an alternative, and the Client is not compliant with a price increase of over more than 10%, ALT keeps the right to cancel the reservation, with prior notice to the Client at least seven days before the start of the service, in which case the agency guarantees a full refund.
9. CLIENT’S RIGHT TO CHANGES AND TERMINATION (CANCELLATION POLICY)
If the Client wishes to change or terminate the reservation after the advanced payment, s/he has must do so in written form (whether e-mail, regular mail, or fax). A change is considered as any alternation in number of persons, the date of the beginning and/or end of the service, etc., and must done at least 15 days prior to the start of the service. Any changes made within 15 days or upon start of the reservation will be considered as a termination of the reservation. The first change will be free, if possible. Additional changes will be charged €15 per change.
In the event that the reservation change is not possible, and the Client thus cancels the confirmed reservation due to this reason, the conditions mentioned below will apply.
The calculation of the expenses due to termination will be made on the basis of the date when written termination notice is received, and will include:
If the reservation is cancelled due to illness, bad sea/weather conditions, force majeure (natural disasters, war, strike, etc.) or a sudden death in the family, ALT guarantees a full refund if the service cannot be rescheduled. If the Client is unable to refuse to reschedule the service, the agency keeps the discretional right to calculate termination expenses according to the presented evidence.
10. ALT AGENCY’S OBLIGATIONS
Obligations of the ALT agency include the careful selection of the choice of service providers, as well as managing the services in line with good economic practice, and protection of rights and interests of our Clients according to good tourist practices. ALT carries out all obligations in their entirety and as they are described, with the exception of certain circumstances (point 1).
The ALT agency is obligated to deliver the Client a clean and dry boat in faultless conditions with a full tank of fuel and full water tanks in the agreed time and place.
11. CLIENT OBLIGATIONS
Client is obliged to:
Other Obligations of the Client:
The Client assumes the responsibility for consequences made negligently.
If the Client fails to oblige to his/her obligations from Article 9 of the General Terms, he/she is considered fully responsible for all consequences to the ALT agency.
All possible expenses occurred as a result of non-compliance with aforesaid obligations, the Client defrays to the ALT agency.
12. CLIENT’S LIABILITY
The Client is obliged to pay all charges related to negligence, for which the ALT agency might have criminal or financial responsibility.
The Client is responsible for the boat should it be confiscated by Croatian or foreign state authorities because of illegal actions.
In the case of damage or accident, the Client is obliged to write a suitable report and to inform authorized personnel (harbor headquarters, police, doctors) and the ALT agency, in the event of theft or loss of the boat, failure of operation, and in the event of the state or third persons seizing or confiscating the boat or imposing measures of sailing prohibition.
The Client is obliged to check oil levels and engine condition daily.
The damage caused by neglignce with the above mentioned actions is not insured, and the Client must pay for said damage.
13. RETURNING THE BOAT (CHECK-OUT)
The Client is obliged to return the boat without the crew and their personal luggage, at the agreed time and place by the time specified in the agreement, including the physical take-over, lasting for approximately one hour.
It is recommended to return the boat the night before the charter end date. If the returning of the boat is later than stated in the charter agreement/contract, the Client acquires the following fees:
NOTE: Delays cannot be justified by bad weather conditions
14. LUGGAGE AND PERSONAL BELONGINGS
ALT is not responsible for luggage or personal belongings lost, ruined, damaged or stolen during the charter. Lost or stolen luggage/personal belongings are to be reported to the service provider and authorized police station.
15. CLIENT EVALUATION AND COMMENTS ON SERVICES PROVIDED
With the aim of service enhancement and communication improvement between the Client and the ALT agency, ALT has inducted a special questionnaire for impressions which can be filled in after the service has ended. Questions regarding quality of service provided by the ALT agency and service provider are included. By filling it in, the Client has agreed and has entitled the ALT agency to publish questionnaires on an official website, along with object presentation, no matter the content. In this way, guests can have more realistic insight of services provided by ALT.
16. DEALING WITH RECLAMATIONS
Every Client has the right of reclamation if ALT fails to deliver the service according to agreement. If the services are completely or partially unperformed, the Client may ask for compensation by written complaint. Every guest/voucher bearer must submit the complaint separately. Only written complaints, signed by both parties on the occasion when the boat is returned, will be taken into consideration.
Reclamation Procedure:
If the Client is unsatisfied with the product or service from the ALT program offer, the Client is obliged to inform the ALT agency and indicate the reason of dissatisfaction at the telephone number (+385) 20 700 700. ALT will try to uncover the reasons of dissatisfaction verbally. If the solution cannot be found in this manner, ALT is obliged to send a representative to the location of reclamation in a prompt manner.
Complainant is obliged to wait for a representative of the ALT agency at the certain location in agreed time. All parties involved in the reclamation are strictly forbidden to remove the causes of dissatisfaction or make changes with the aim of alleviation. The Client is obliged to cooperate with the ALT agency representative in good faith in order to remove the causes of reclamation.
Upon arrival to the location, the ALT agency representative will check all the entries of the reclamation by the inspection of de facto situation. If the problems cannot be solved agreeably, the determined situation will be described by the ALT representative in the “Minute about reclamation check” (further referred to as the “Minute”). The Minute will contain photographs of the determined situation.
As a sign of acceptation, the Minute will be signed by the ALT agency representative and the Client.
Should the determined situation match the complaints, the reclamation is considered justified.
If justified causes of dissatisfaction cannot be removed, ALT is obliged to offer an appropriate alternative to the Client. ALT must not offer a service of lesser value than the claimed service as an alternative. Should the Client refuses to accept the offered solution at the given location, the ALT agency is not obliged to accept later complaints; respectively, if there is an appropriate alternative, the Client is obliged to accept it. If the causes of complaint are justified, the solution of reclamation will be considered, if the causes are removed.
If an acceptable solution cannot be found the Client keeps the right to cancel the reservation, without the accrued cancellation costs, only after the Minute is written.
If the complainant is unjustified and the guest departs from the place of service, s/he loses the right of later complaint and refund.
In the case of justified reasons of dissatisfaction not being removed, 14 days upon returning from vacation, at latest, the Client is obliged to send an additional complaint, by mail, to ALT d.o.o – Svetog Križa 10B, 20 000 Dubrovnik, Croatia.
ALT is obliged to issue a written decision to the additional complaint within 14 days after receiving the complaint. The decision can be delayed for an additional 14 days, at most, only in the event that additional information and checks are required. ALT is obliged to inform the Client, in writing, about the time extension.
ALT deals only with complaints whose cause could not be removed at the place of service.
The Client will relinquish the agent, and arbitrage of the court, as well as the right to release public information until the agency has made a decision.
ALT can determine whether an additional complaint is justified or not depending on the circumstances and facts from the Minute, as well as on the basis of proofs (photographs, video, etc.).
If the complainant is found unjustified, all eventual costs caused by reclamation will be billed to the Client.
The highest fee can be equal to the part of the service, on which the reclamation is made, and may not include services already used or the overall cost. With this, the Client’s right to return of ideal claim is excluded.
ALT is not responsible for the contents that are not included in the reservation (the object state nearby, noise, street construction, etc.), or for weather conditions, the purity and temperature of the sea or similar factors which may cause dissatisfaction.
14. THE COURT JURISDICTION
If the Client is not satisfied with the decision made about the complaint, s/he may complain to the arbitrage of CTAA or the court. In the case of a law suit, the commercial court in Dubrovnik has jurisdiction. The law of the Republic of Croatia applies.
Dubrovnik, 11.12.2014