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General terms

Montenegro Charter Company d.o.o.

1. Charter price

In price is included: charter of a yacht with its equipment. Harbour dues, taxes and fuel costs are not included in the price.

2. Payment conditions

The chartered yachts with complete equipment can be used only after the payment was completely settled (50% upon booking, the rest 4 weeks before commencement of the charter).

3. Cancellation conditions

If the charterer for any reason gives up the charter, he can, if previously agreed, with the charter company, cede his rights and duties to another person.

If he fails, the costs of cancellation shall be reimbursed from advance-money and that:
- 30 % of the charter price for cancellation up to 2 months before commencement of the charter.
- 50% of the charter price for cancellation up to 1 month before commencement of the charter.
- 100% of the charter price for cancellation within the last month before commencement of the charter.

If cancellation is due to objective reasons (death of family member, heavy injury, war or other) the accepted deposit shall not be paid back, but the charter company shall give the yacht to the chatterer at his disposal for another free period of time or within next coming season.

4. Takeover of the yacht

The charter company will put at charterer's disposal only completely equipped yachts with full fuel tanks and in faultless conditions and expects the yachts to be returned in the same condition. The yachts are put at charterer's disposal at the appointed time, from 5 p.m. to 9. p.m., at the appointed place. If the charterer fails to takeover the yacht within these 48 hours, the charter company is authorised to give up the contract. If the charter company is not in position to place the yacht at the appointed place 24 hours after the end of the term, or provide another, at least identical or better one, the charterer has right to give up the contract and get the charter money reimbursed. The charter company could reimburse only the amount of the charter, any other compensation possibility is excluded.

When taking over the yacht, the charterer is obliged to check and carefully examine the condition of the yacht and equipment according to the inventory list. The possible covered defects on the yacht or its equipment which couldn't be known to the charter company at the moment of takeover as well as defects which could arise after the takeover, do not give right to the charterer to reduce the charter price.

If the further cruise is for any reason not possible or the overdue of the disembarkation is unavoidable, the base manager must be informed in order to give further instructions. The charterer bears all the charges of the charter that result from the overdue caused by bad weather. Therefore, the careful planning of a route is recommended.

Return in the evening’s hours of a day before check out is obliged. Any exception is possible only if previously agreed with Charter Company. The charter company reserves the right not to hand over the yacht if in the judgment of their representatives the charterer is not competent for any reason to operate the yacht, or to give the instructions the charterer's expense.

5. Deposit

When takeover of the yacht happends, caution money is to be deposited according to a valid price list. If the charterer returns the yacht in condition that the boat was given and in the fixed time, the caution money will be returned with no deductions. The caution money is to be deposited also in case when the charterer charters yachts together with a skipper. In case of personal negligence and/or loss of one or more equipment items, the charterer bears all the costs.

6. Insurance

The yacht is insured against the third person damages and fully insured for all the damages resulting from force majored up to the registered amount of the value of the yachts for the risks according to the insurance policy. If damage occurs during the cruise and client is not to be charged (due to normal exhaustion or in case of overdraft of the guarantee sum) he must receive permission (instruction) from the charter company or base manager for an adequate repair.

In case of some bigger averages, as well as of those where the other boats are involved, the charterer is obliged to report the case to the authorised harbour-master's office and record in a protocol (the course of events, estimation of damage) for an insurance company. The charterer is also obliged to report the charter company's office. If the charterer does not fulfil his obligations, he can be in full charged for the costs of damage. The damages on the sails are not covered by insurance and the charterer bears the charges for these damages. The same case is with the damages on the engine caused by the lack of oil. The charterer is obliged to check the oil in the engine every day. The personal belongings are not covered by the insurance and it is recommended to the charterer to do it himself. All crew members are covered by the insurance.

7. Charterer's obligations

The charterer is obliged to sail within the Montenegro territorial waters. The charterer is obliged to ask the charter company a special permission and certificate for leaving Montenegro territorial water. The charterer is not allowed to subchapter the yacht or relet it to the third person, to sail at night by unsafe weather conditions, and to violate the public rules, orders and laws. Number of persons aboard is to correspond to the crew list.

The charterer assumes the responsibility for the consequences of non-observance to his obligations. The charterer or skipper declares undoubtedly that he disposes of all necessary navigational skills and that he possesses the valid license necessary for the navigation at the open sea and the radio-phony certificate, which have to be presented. In case of the yacht or its equipment damage, the charterer is obliged to inform the charter company immediately using one of the few telephone numbers written in the document aboard. The charter company is obliged to remove the damage upon notification. If the charter company removes the damage within 24 hours, the client has no right to require any reimbursement. The telephone numbers which can be used for notifying the charter company are shown in the yacht documents.

The client is obliged to notify the authorities and the charter company in case the yacht or some equipment is missing, if the further navigation is not possible or in case yachts was dispossessed of, prized or if further navigation was prohibited by state authorities or third parties. If the client fails to hold on his obligations he is considered fully responsible for all the consequences for the charter company and he guarantees for them.

8. Complaints

Only written complaints, signed by both parties on the occasion of return of the yacht will be taken into consideration.

9. Arbitration

All the possible disagreements or disputes that cannot be settled peacefully, will be under the jurisdiction of the charter company's court in Podgorica.