Charter Company Fair Wind d.o.o., OIB: 19625230765, (hereinafter: Charter Company), guarantees the authenticity of the information and the conditions under which the charter fleet is offered. Charter Company takes care and maintains the offered vessels with the attention of a good host and guarantees that they are technically in order and in good condition. The person or legal entity named as the client in the Charter Contract (hereinafter: the Client), by making or arranging the first payment and thus confirming the reservation, establishes a legal relationship with the Charter Company, by which he consents that he agrees with these General Terms that are herein given for his consideration. These General Terms are binding, both for the Client and for Charter Company.
These General Terms are the foundation for resolving disputes that may arise between the Client and Charter Company; therefore, the Client is obliged to read them carefully. If the Charter Contract is concluded with an Agent’s mediation, the Agent shall assume the role of an intermediary between the Charter Company and the Client. The Agent shall be liable only in the context of the duties and responsibility of an agent under the contractual relationship in place with the Client. The intermediary, in this Charter Contract, as well as in possible future revisions and in any unilateral statements issued by the Client towards the Charter Company, shall act in the name and on behalf of the Charter Company, and may collect payments, only to the extent expressly authorised by the Charter Company.
In these General Terms, “Charter Company” means Fair Wind d.o.o.; “Client” means the contracting party identified above; “Vessel” means the craft identified in the Charter Contract together with its agreed equipment; “Charter Contract” means the individual booking agreement incorporating these General Terms; “Charter Fee” means the agreed price for the charter of the Vessel; “Security Deposit” means the refundable security specified in the Charter Contract; and “Skipper” means the Client or another qualified member of the Client’s party designated to command the Vessel. “Charter Party” means the Client, if onboard, the Skipper and the other persons on the crew list. “Agent” means an intermediary involved in the booking. These General Terms apply to bareboat charters; separate conditions apply to professional crew services. Individually agreed written provisions of the Charter Contract prevail over these General Terms. The version provided and accepted at booking applies.
The prices are in Euros. The listed prices include: technical control, clean and dry Vessel with full tanks of fuel and water (as they have to be when the Client returns the Vessel), use of the Vessel and its devices; the obligatory vessel insurance; a comprehensive insurance that exceeds the value of the deposit defined by the contract; the charter license of the vessel, and every information published on the site at the page of presentation of the vessel and the equipment and services stated in the agreed Vessel specification. Harbor dues out of base marina, fuel expenses, optional services and equipment are not included in the price. For the catamaran charter harbor dues in base marina are included only for the first and last night of the charter. The Charter Contract shall identify charter price, the mandatory charter pack and its contents, tourist tax, agreed extras and any other compulsory charges. A full fuel tank at handover does not include the fuel consumed during the charter, which must be replenished on return.
Enquiries and reservations for Vessel’s charter can be made by e-mail or in person at the Charter Company’s office. By confirming a reservation, the Client confirms that he/she is aware of the General Terms and fully comprehends and accepts these General Terms which are binding for both the Client and Charter Company. The Client is obliged to provide any information which is required for the reservation process. Before the Client confirms the reservation and makes the first payment, the Charter Company shall provide the Charter Contract and these General Terms, together with the included services, prices and payment details. In order that the reservation becomes final Client undertakes to pay the amount specified in the Charter Contract to be paid by reservation confirmation.
The charter of the Vessel is to be paid for as follows:
The Client can take over the reserved Vessel only under the condition that he has made all required payments. By making the first payment, the Client confirms that he is completely familiar with all the characteristics and conditions under which the certain Vessel is offered to him. By making the first payment, all that is mentioned in these General Terms become a legal obligation, both for the Client and Charter Company.
In case the Client requests a change of reservation after the subject reservation has been confirmed, the change is possible only if the Charter Company may offer another Vessel as a substitute. If the Charter Company cannot offer another suitable Vessel, the original reservation remains in force unless the Client expressly cancels it. The change of period is possible only if requested 60 or more days prior to the day on which the accommodation service was to begin and if Charter Company may offer another substitute period in the same calendar year. The Client must send a cancellation or change notice in a written form by e-mail or fax. In case it is not possible to change the reservation and if it results in the Client’s cancellation of the reservation, the below stated terms shall be applied.
For the purposes of the Charter Contract, force majeure means an exceptional event beyond the Charter Company’s reasonable control whose effects could not reasonably have been avoided or overcome and which prevents or delays performance of the charter. Such events may include actual or threatened war or terrorism, civil disorder, insurrection, piracy, natural or nuclear disasters, fire, flooding, exceptional weather, epidemics or pandemics, government measures or legal restrictions, strikes or other industrial disputes, and unavoidable transport breakdowns, airport closures or congestion, or unexpected changes to public transport schedules, where these prevent or delay performance. Subject to Section 15 and applicable law, the Charter Company shall not be liable for loss, damage or expenses resulting from such delay or non-performance.
If the charter is cancelled because of such an event, payments already made towards the charter shall be carried forward as credit for a replacement charter. No cash refund shall be payable under this arrangement. The Charter Company and the Client shall agree new dates and either the same Vessel or another Vessel acceptable to the Client, taking account of availability and the Client’s preferences.
If a replacement booking cannot be agreed immediately, the credit shall remain available for twelve (12) months from the cancellation date. The replacement booking must be confirmed within that period; its sailing dates shall be agreed between the parties. Only one rebooking under this clause is permitted. If no replacement booking is confirmed within the twelve-month period, the credit shall expire and no further rebooking or refund shall be due.
A refundable Security Deposit is payable upon embarkation to cover insurance policy deductible and can be paid in cash or by credit card (VISA, MASTERCARD). The Security Deposit shall be refunded in full unless loss or damage attributable to the Charter Party is established during checkout. Pre-existing damage, ordinary wear and faults not attributable to the Charter Party shall not be charged to the Client. In case of loss or damage of the equipment, particular parts of the Vessel or the Vessel itself, Charter Company shall retain the amount (part or all of the Security Deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the Vessel. Any deduction shall be itemised and supported by reasonable evidence of the damage and repair or replacement cost. If the final cost is not yet known, the Charter Company may retain a reasonable amount relating to the claim and shall refund the balance once it is settled. For card authorisations, the card issuer determines when released funds become available. The Client’s liability is governed by Sections 10, 11 and 14.
The Vessel can be taken over in the agreed time and place, from 17:00 to 20:00, unless otherwise agreed in written communication. If the Client does not take over the Vessel within 12 hours from the agreed time without previously announcing it, the Charter Company is authorized to unilaterally terminate the Charter Contract and the Client has no right to subsequently ask for compensation. If due to whatever reasons Charter Company is not able to deliver the reserved Vessel in the agreed time and place, the Charter Company has a period of 24 hours, from the agreed time of taking over the Vessel, to provide the Client with another Vessel with equal or better characteristics refunding the client for the 24 hours he was not able to use the Vessel.
If the Charter Company fails in doing so, the Client has the right to terminate the Charter Contract and to be reimbursed of the already paid amount. If the Client decides to wait for a replacement Vessel more than the previously agreed 24 hours’ time, he can be refunded the Charter Fee for the days he was not able to use the Vessel. To the extent permitted by law and subject to Section 15, the Charter Company’s liability for delayed delivery is limited to the Charter Fee and further compensation is excluded. Charter Company shall not be liable for any delay due to the Acts of God or rough weather conditions. The Charter Company is obliged to give out to the Client a seaworthy and technically sound Vessel and completely equipped with full tanks of water and fuel, clean and dry, ready for sailing. When taking over the Vessel, the Client is obliged to carefully verify and test the condition of the Vessel and its equipment and verify whether the inventory checklist corresponds to reality.
Apparent defects and inventory discrepancies must be recorded before departure. Hidden defects or faults discovered later must be reported promptly; signing the inventory does not waive rights relating to defects that could not reasonably have been detected at handover. The remedies in Section 11 and applicable law shall apply. If part of the Vessel and/or equipment is lost or damaged during the previous Service, and the Charter Company is not able to repair or acquire a new one until the beginning of the provision of the Service (i.e., long delivery of spare parts, unavailability of servicemen, etc..), the Client has no right to terminate the Charter Contract or request a price reduction, provided the defect is minor and does not materially affect safe navigation or the agreed accommodation and comfort, including the fresh-water pump, refrigerators, toilets and cooking facilities. Mandatory legal remedies remain unaffected.
The Client is obliged to return the Vessel to the base port defined in the Charter Contract on Friday evening by 18:00 unless otherwise stipulated, clean and tidy, with full tanks of fuel and water, ready for further sailing, i.e., in the same condition he received it. If due to whatever reasons during the trip further sailing is not possible and/or exceeding the negotiated date of return is inevitable, further instructions should be given by contacting the base manager and the Charter Company. Adverse weather conditions cannot justify the exceeding of the negotiated return date of the Vessel.
Exceeding is only justified in cases caused by Acts of God. When it comes to exceeding the negotiated date of return, the Client guarantees that for a delay up to three (3) hours he will pay additional daily charter rate. For delays over three (3) hours and for each beginning of a new calendar day, the Client must pay triple daily charter rate, as well as additional expenses that have come up due to the late returning of the Vessel. In case of returning the Vessel to another port than the negotiated one, the Client must reimburse the Charter Company all expenses caused by taking it back to the negotiated port, as well as expenses for any delay if such has occurred, as well as any damage occurred during transferring back the Vessel and that are not covered by the insurance policy.
When returning the Vessel, the Charter Company’s representative will perform a complete check-up of its general condition and the equipment and compare the present inventory and equipment with the inventory list. All members of the Charter Party and their belongings must leave the Vessel by Saturday at 08:00 unless otherwise agreed. For a seven-day charter, the daily charter rate is the Charter Fee divided by seven. Late-return charges remain subject to applicable law, and the same loss shall not be recovered twice. Nothing in this Section requires unsafe navigation.
The Client shall immediately notify the Charter Company of any possible consequential damage, liability damage, collisions, accidents, disabling, operating breakdowns, seizure of the Vessel or other events. The Client will follow the Charter Company’s instructions for repairing the damage. If the damage cannot be repaired onsite the Client might be obliged – following the demand of the Charter Company – to return earlier in the base marina if this is justifiable and reasonable under the circumstances. Should the Charter Company be responsible for the damage, the Charter Fee will be reimbursed proportionately for each commenced day during which the Vessel cannot be used.
If the Charter Company is not responsible, the Client is not entitled to compensation from it, subject to mandatory law and Section 15. In case of damage or defect on the Vessel or its equipment caused by the normal wear and tear, the Charter Company is obligated to remove the damage upon notification. If the Charter Company repairs the fault within 24 (twenty-four) hours after receiving the Client’s notification, no reimbursement is due under this provision, without prejudice to any mandatory right to a price reduction or other remedy for a material loss of use. Should the Client or the Charter Party be responsible for the damage on the Vessel or its equipment the Client will bear the costs up to the amount of the Security Deposit paid. Losses above the Security Deposit are subject to the Charter Company’s insurance policy. The Client’s liability for accidental damage, including ordinary negligence, remains limited to the Security Deposit; this limit does not apply to intentional damage or gross negligence. Any additional loss of insurance cover caused by the Charter Party’s failure to report an incident is dealt with under Section 14.
If substantial damage, including structural damage, caused by the Client, another member of the Charter Party or a person authorised by the Client makes continued use of the Vessel unsafe or impracticable, the Charter Company may withdraw the Vessel and end the charter. Subject to Section 15, the unused charter days shall not be refunded. Responsibility for repair costs remains governed by this Section and Section 14.
If a breakdown or other serious circumstance compromises safety or materially affects the agreed accommodation and comfort during the charter, the Charter Company may require a change of route or suspend use of the Vessel. It shall make reasonable efforts to offer a suitable alternative route or a replacement Vessel of comparable standard, agreed with the Client. The Skipper remains responsible for safe navigation. The remedies already set out in Sections 8 and 11 remain applicable; subject to Section 15, the Charter Company shall not be liable for additional expenses or losses arising solely from the necessary change of Vessel or route.
The Skipper must possess the nautical knowledge and practical skills required for the Vessel, a navigation licence recognised in Croatia and appropriate for that Vessel and navigation area, and the required radio-operator qualification. The Client may nominate another qualified member of the Charter Party as Skipper. Copies must be supplied for verification before the charter, and required originals must be carried onboard unless an officially accepted alternative has been confirmed in advance. The Charter Company may require the Skipper to demonstrate their competence in handling and navigating the Vessel safely by operating the Vessel at sea with the Charter Company’s representative aboard. If the Skipper fails to demonstrate adequate competence, the Charter Company may refuse handover or terminate the Charter Contract, subject to applicable law. Any arrangement for professional crew requires separate agreement and the applicable crewed or skippered charter conditions. Any time required for this test of the Skipper’s competence and seamanship will be part of the agreed charter period.
The Vessel is given to the Client’s usage with all proper documents necessary for renting (permit, registration, insurance), as well as with all other documents which are part of the Vessel’s folder. The Client is obliged to handle and keep all received documents with extra care. When returning the Vessel, the Client must give back all received documents and their annexes. The Client is obliged to keep records in the Vessel’s diary.
The insurance is determined by the terms defined by the insurer with which the Vessel is insured. The Vessel has the full kasko insurance specified in the applicable policy, subject to its insured risks, limits, deductible and exclusions. Personal accidents are not covered by the policy and policy does not constitute comprehensive travel or medical insurance. In case of a serious accident, as well as of those where the other boats are involved, the Client is obliged to report the case immediately to the authorized harbormaster’s office and record it in the protocol (the course of events, estimation of damage) for the insurance company. The Client is also obliged to report to the Charter Company’s office. Failure to report an incident promptly may prejudice insurance cover. The Client is responsible for an evidenced additional loss directly caused by that failure, to the extent permitted by law. If the damage occurs during the cruise and the Client is not to be charged (for example, damage resulting from ordinary wear or covered by insurance), he must receive permission (instruction), from the Charter Company for an adequate repair.
Any policy exclusion relating to engine-oil deficiency shall be disclosed with the relevant insurance terms. The Client’s responsibility shall be assessed under Sections 10 and 11. The damage of personal belongings is not covered by the insurance.
The Charter Company shall not be liable:
These limitations do not relieve the Charter Company of its obligations concerning the Vessel’s seaworthiness, maintenance, equipment and handover. Where fault is shared, liability shall be determined under applicable law.
If any Client feels that the already-paid services are not completely and/or qualitatively performed, he has the right to issue a complaint to the Charter Company. The Client must report issues promptly so that the Charter Company has a reasonable opportunity to remedy them. A written complaint should be recorded at checkout where practicable and supported by available documentation. Complaints may also be submitted afterwards, in person, by post or by email using the Charter Company contact details in the Charter Contract. A complaint does not require the Charter Company representative’s signature to be valid, and missing documentation does not automatically invalidate it. Receipt shall be acknowledged without delay. The Charter Company is obliged to come up with a written solution to the accepted complaint within seven (7) days upon receiving it. The Charter Company can postpone the solution period for maximum another seven (7) days for the purpose of collecting the data and verification of the complaint that, directly or indirectly, concerns the involved persons cited in it. The Client remains entitled to seek legal advice, contact competent authorities and use lawful dispute-resolution procedures. Exercising those rights or publishing lawful feedback does not forfeit a claim. Subject to Section 15 and mandatory law, a price reduction shall relate to the affected part of the service and the extent of lost use. Additional compensation is governed by applicable law and the limitations in Section 15. The Charter Company cannot be held responsible for possible weather conditions, temperature or clarity of the sea, crowded destinations and all other similar situations and events which may cause the Client’s discontent but are not directly related to the quality of the booked service.
The Client and the Charter Company shall endeavor to resolve all the disputes that may arise in connection with these General Terms in mutual agreement. In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorized court in Split. The competent law shall be the law of the Republic of Croatia. The choice of law and court shall not restrict any mandatory consumer protection or jurisdiction rights.
October, 2026.
