TOS

Charter fee and payment

Charter fee includes: yacht dues for its usage in the period of time stated in the contract. Charter fee does not include: petrol expenses, tourist and residence taxes and a mooring place out of domicile marina. The chartered yacht with complete equipment can be used only after the payment was regularly settled to charteree’s account: – 50% of the charter fee latest 5 (five) days upon signing the contract – 50% of the charter fee latest 4 (four) weeks before commencement of the charter. If payments are not made by the due dates, the charteree reserves the right to cancell contract/reservation and to charter the yacht to a third party. DEPOSIT The security deposit has to be deposited in starting marina by the Charterer when taking over the yacht in cash or credit card. The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the yacht or the equipment is found during the returning of the yacht. In case of loss or damage on the equipment, particular parts of the yacht or the yacht itself, Charteree shall retain the amount (a part or the whole deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the yacht. In case the caused damage has the consequence that the yacht cannot be further chartered, Charteree has the right to retain the amount corresponding to the loss of profit.

Charteree obligation

The Charteree is obligated to deliver to the Charterer a completly clean and dry yacht in a seaworthy conditions with full fuel and water tanks in the agreed time and place. If there is any reason that Charteree didnot fulfill above mentioned conditions, the Charterer has the right to ask for a money refund, for the days he has not been using the yacht. Also if the Charteree cannot place the yacht at disposal at the agreed place 24 hours after the expiry of the time period for the takeover, or provide another yacht, at least similar or with better characteristics, the Charterer has the right to give up the contract and demand the total amount of the charter fee for as many days as he did not have the yacht at his disposal. The Charterer could demand only the amount of the charter fee; any other rights to indemnification are excluded. In case of damage or defect on the yacht or its equipment caused by the normal natural yacht consumption the Charterer is obligated to inform the Charteree immediately. The Charteree is obligated to remove the damage upon notification. If the Charteree removes the damage within 24 (twenty-four) hours, the Charterer has no right to require any reimbursement.

Take over and hand over of the yacht

The Charterer will take over the yacht in agreed time and place. When taking over the yacht, the Charterer is obliged to check the condition of the yacht and its equipment according to the inventory list. Any possible objections have to be made until the start of navigation. The possible covered defects on the yacht or its equipment, which couldn’t be known to the Charterer 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 fee. The Charteree reserve the right not to hand over the yacht if the Charterer is not competent for any reason to operate the yacht or to allocate a skipper to the yacht and charge for it. If the Charterer fails to takeover the yacht within 48 hours, the Charteree is authorized to give up the contract. On hand-over inventory quoted on the inventory list should be checked again to see if the yacht and the equipment are in working order. The charterer is obliged to return the yacht cleaned and tidied without the crew and their personal luggage at agreed marina at least until the time specified by the Charter contract, including the physical take-over lasting for an hour. Therefore, it is recommended to return the yacht in the marina the night before the Charter contract termination date. If the returning of the yacht is later that stated in the Charter contract, the charterer has the following fees: – for the delay up to three hours one day charter fee – for the delay of more than three hours triple daily charter fee plus all other expenses. Delay cannot be justified by bad weather conditions.

Charterers obligation

After taking possession of the yacht, the Charterer shall bear on his own account all costs of the daily berth in the port, or in the marina, costs of fuel, oil, water, cleaning and all other necessities, as well as eliminating all damages and defects, which can appear while the yacht is under charterer’s responsibility and which are not a result of normal natural yacht consumption. The Charterer is obliged to sail within the Croatian territorial waters.The Charterer undertakes to respect customs and other regulations and rules, to take care of the yacht and its equipment and navigate it carefully and according to the rules of a good navigator and sail only during safe weather conditions and good visibility. The Charterer, or skipper, declares undoubtedly that he disposes of all necessary navigational skills and that he possesses a valid license necessary for the navigation at the open sea and the radiophone certificate, which have to be presented to the Charteree. The Charterer undertakes and states that he shall not sub charter the yacht or rented it to the third person, that he shall not participate in regattas nor yacht races, that he shall not use the yacht in commercial purposes, professional or night fishing, and he shall not sail at night and by unsafe weather. 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. In case of accident or damage the yacht or its equipment during the trip, the Charterer is obliged to inform the Charteree without delay. The Charterer is obliged to notify the Charteree and the authorities in case the yacht or equipment is missing, if the further navigation is not possible or in case yacht was dispossessed of, or if further navigation was prohibited by state authorities or third parties. The keeping of pets (dogs, cats, birds and similar) on the yacht is not allowed, unless a previous agreement was reached in that regard. The Charterer is obliged to keep a log book, check daily oil level in the engine and take care of the sails.

Charterers liability

For the damage caused by actions and failure of the Charterer for which Charteree is liable to the third party the Charterer is obligated to settle the damages to Charteree in their entirety, whether it is the case of material and / or legal expenses that resulted from such actions and failures. The Charterer is explicitly liable for the yacht in case any official body confiscates it, due to inappropriate and illegal actions undertaken during the usage of the yacht. Charterer is obliged to pay all charges for failures made by himself, for which the Charteree might have criminal or financial responsibility. In case of damage or accident Charterer is obliged to write down a suitable report and to inform authorised bodies (harbour headquarters, police, doctors) and the Charteree in case of disappearance of the yacht, impossibility of operating the yacht, as well in case of state organs or third persons seizing or confiscating the yacht or imposing measures of sailing prohibition.

Insurance

The insurance is determined by the conditions stipulated by the insurance company with which the yacht is insured.The yacht is insured against damages from third parties.Damages covered by the insurance which are not immediately reported to either Charteree or Insurance company,will not be acknowledged as per insurance policy.In that case the charterer is personally responsible for total damages as a result of not reporting of damages. Insurance covers all the damages by franchise caused by weather or from the other natural disasters, but not the damages made on purpose. Charges for purpose made damages are not limited by deposit; Charterer must pay all expenses caused by damage made on purpose. The damages on the sails and on the engine caused by the oil deficiency in the motor are not covered by insurance. Charterer bears the charges for these damages.

Charter termination

If the charterer for any reason cannot start the charter the charterer can find other charterer by himself (with previous acceptance of charteree). If the charterer is not able to find another charterer, charteree shall retain: – 30% of charter fee for termination up to 2 (two) months before the charter starting date – 50% of charter fee for termination up to 1 (one) month before the charter starting date – 100% of charter fee for termination less than one month. If the termination is due to objective reasons (death of a family member, heavy injury, war or other) the accepted deposit shall not be paid back, but the charteree shall give the yacht to the charterer at his disposal for another free period of time within the same season.

Complaints

The complaints are being accepted only in written form upon the yacht return and only if signed by person in charge on behalf of Charteree.

Arbitrage

In case of dispute which cannot be resolved in friendly manner, shall be the under competent court in Croatia, where the yacht is registered.

Personal data protection statement

This Personal Data Protection Statement by Commodore Yachting shall apply from 25 May 2018, and it is based on the General Data Protection Regulation.
Commodore Yachting shall process your personal data in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and national laws based on the said Regulation, with the application of appropriate technical and security measures for the protection of personal data against unauthorized access, misuse, detection, loss or destruction.
This Statement describes what data we collect, how we process them, and for which purposes we use them, as well as your rights associated with your data.

In charge of data processing:

Commodore Yachting j.d.o.o., Bana Josipa Jelacica 23, 21400 Supetar, Croatia, HR30960245443
Contact e-mail: josko@commodore-yachting.eu
If we use the services of external providers to process your personal data, this is processing (of personal data) by order, in which case we are also in charge of protecting your personal data.

Types of personal data we process

We use the following personal data:
Master data: Forename and surname, date of birth, country of birth, nationality, personal identification number, Tax number
Address and contact information data: city, e-mail address, mobile phone number
Other data: type of identity document, number of identity document, date of boarding, port of boarding, name of yacht or boat, number of skipper license, number of VHF license, credit card number, booking number,  GPS coordinates of navigation

Legal basis and purposes of personal data processing

All types of your personal data are processed based on:
a) Legal obligations – We process your personal data in accordance with the regulations in force, as well as for the purposes of notification and registration which we are obliged to perform in accordance with the regulations in force (e.g. the Regulation on Conditions for Providing Services of Chartering with or without Crew and Accommodating Guests on the Vessel, concluding an agreement on the provision of chartering of vessels).
b) Fulfilment of agreement – We process your personal data for the purpose of fulfilling the agreement and contractual obligations we have concluded.
c) Consent you have given us to process your personal data for purposes of sending promotional offers and other business related information, for the purpose of assessing satisfaction after the charter period, and for the purpose of contacting you.
d) Legitimate Interest of the Controller – All your data is processed for the purpose of meeting the obligations of the legislative body (e.g. Regulation on Conditions for Providing Services of Chartering with or without Crew and Accommodating Guests on the Vessel) or for fulfilling contractual obligations and concluding agreements, e.g. Yacht Charter Agreement.
We collect personal data from our customers in person, at fairs, via websites, e-mails and by phone or we receive them from other chartering agencies.

Retention period

We shall delete your personal data upon termination of the contractual relationship and no later than the expiration of any legal requirements related to the retention of personal data.

Consent management

You can revoke your consent at any time. You can also, at any time, object to our processing of your personal data.
You can change your consent via a written request at the following address: Commodore Yachting j.d.o.o., Bana Josipa Jelacica 23, 21400 Supetar, Croatia, or by e-mail at commodoreyachting.eu@gmail.com .  If you revoke the given consent, we will no longer use your data for the said purposes. If you wish to give your consent again, you are able to do so.
In the case of processing of your personal data that does not require your consent and that is necessary for the conclusion of an agreement with us or the fulfillment of the concluded agreement, or due to obligations we have under the law, if you do not provide us with these data, we will not be able to fulfill our contractual obligations towards you, nor will we be able to conclude an agreement with you.

Rights of data subjects

  1. a) Right of access to data and information on processing personal data, i.e. does the controller process personal data of data subjects or not and if the data is processed, what is the purpose of this processing, categories of personal data in question etc.
    b) Right to rectification: If we process your personal data that are incomplete or inaccurate, you may ask us to correct or complete them at any time.
    c) Right to erasure: You may ask us to delete your personal data if we have processed them illegally or if that processing represents disproportionate interference with your protected interests. Please note that for some reasons immediate deletion is not possible. For example, due to the archiving obligations lay down by law.
    d) Right to data portability: You may ask us to provide you the data you have entrusted to us in a structured form, in a standard machine-readable format: • If we process these data on the basis of consent you have given us and which you may revoke or for the fulfillment of our agreement and • if the processing is done using automated processes.
    e) Right to object: If we distribute your information for the purpose of performing a public interest task or a task of public bodies, or when upon the processing of your information we invoke our legitimate interests, you may file an objection against such data processing if there is an interest in protecting your data.
    f) Right to object to competent authority: If you believe that upon processing your data we have violated Croatian or European data protection regulations, please contact us to resolve any issues. You are certainly entitled to file a complaint with the Croatian Data Protection Agency, or in the event of a change of the applicable regulations, with another body that will assume its jurisdiction, and starting from 25 May 2018 with the supervisory body within the EU.
    h) Exercise of rights: If you wish to exercise any of the aforementioned rights, contact us using our contact information referred to in Article 1 of this Statement.
    i) Identity confirmation: In case of doubt we can request additional information to verify your identity. This serves to protect your rights and private spheres.
    j) Misuse of rights: If you execute any of these rights too often and with obvious intent of misuse, we may charge you an administrative fee or decline to process your request.
    k)  Right of limitation of processing: You may request a limitation on processing your data:
    – If you dispute the accuracy of your data during a period that allows us to verify these data.
    – If the processing of your data was unlawful, but you refuse the deletion and instead ask for a limitation of use of this data.
    – If we no longer need the data for the foreseen purposes, but you still need them for the realization of legal requirements or if an objection has been filed for processing these data.

Transfer of data to third parties

We shall keep your personal data and shall not disclose them or make them available to third parties except in the following cases:
– If you explicitly and in writing agree to disclose certain confidential data for a particular purpose or to a particular person.
– If the Ministry of the Interior or the competent State Attorney requires the data for the purposes of carrying out the tasks within their competence.
– If a court, attorneys or a notary public require the data for their proceedings, where the submission of such data is required in writing.
– If the Tax Administration, the Croatian Pension Insurance Institute, and Croatian Health Insurance Fund require the data on the basis of the legal obligations that the controller has towards them.
– If we are obliged to submit data to the Ministry of Maritime Affairs, Transport and Infrastructure.

Transfer of data to third countries

Transfer of data to third countries (countries outside the EU) is performed only:
– if there is a statutory obligation
– if the transfer is necessary for the fulfillment of contractual obligations
– if you have given your explicit consent

Use of digital services (website, applications)

We collect only those personal data that visitors of our official website voluntarily make available to us when submitting contact information, applying for jobs, using call back services, and filing complaint forms. These personal data are used confidentially and only for a specific purpose. The transfer of these personal data to third parties is not carried out, unless there is a statutory obligation or an order of the official body when such personal data may be forwarded to the competent authority. Access to the website is protocoled and technical data such as website traffic, the operating system used, display resolution, time of visit, and the size of the transferred data are recorded on that occasion.
To improve our offer, the websites contain “cookies” that are stored on computers of the website visitors. The “cookie” storage can be prevented, but this can limit the offerings of the website. “Cookies” provide the ability to store typical preferences of website visitors, optimize technical processes, and continually improve the offering.

We have taken all technical and organizational measures to protect your data against loss, alteration, or access by third parties. In case you have any questions, please feel free to contact us and we will respond as soon as possible to your requests and queries and help you in exercising your rights.
Any changes to our policy on the protection of personal data shall be disclosed in our Personal Data Protection Statement and on our website, and you will be adequately informed about them.

Security statement

We have taken all reasonable steps to have in place appropriate security measures to protect your information.

Changes to this policy

Any changes to this Policy will be either posted on our website, brochure and/or made available upon request.

Commodore Yachting