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 and with the 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; and “Security Deposit” means the refundable security specified in the Charter Contract. “Charter Party” means the Client, if onboard, and the Client’s guests listed on the passenger or crew list, excluding professional Crew. “Crew” means the professional Skipper, Hostess, Chef and any other professional personnel engaged for the charter. “Skipper” means the professional person in command of the Vessel, also referred to as the captain. “Hostess” means the Crew member providing the onboard services described in Section 13. “Crew Fees” means the separately stated remuneration for Crew services. “APA” means the Advance Provisioning Allowance described in Section 15. “Agent” means an intermediary involved in the booking. These General Terms apply to skippered and crewed charters. Individually agreed written provisions of the Charter Contract prevail over these General Terms. The version provided and accepted at booking applies.
The Charter Company arranges the Crew requested by the Client on the Client’s behalf. The Client’s holiday preferences shall be taken into account, but the Skipper retains authority over navigation, operation and safety.
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.
Crew Fees, food and beverages for the Charter Party and Crew, and other onboard operating expenses are additional to the Charter Price unless expressly included in the Charter Contract. The agreed Crew accommodation reduces the cabins and berths available to guests. Expenses managed through APA are accounted for under Section 15 and are not charged twice.
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.
Unspent APA is accounted for under Section 15; it is not automatically retained as a charter cancellation charge.
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 18 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.
For this Section, payments carried forward as charter credit are payments towards the Charter Fee. APA remains subject to the accounting and settlement provisions in Section 15.
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 17.
The Security Deposit remains payable when professional Skipper is engaged. It shall not be used to cover damage caused solely by the Crew’s negligence, navigation, handling or management of the Vessel or equipment.
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 18, 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. At handover, the Skipper shall check the Vessel, its equipment and the inventory on the Client’s behalf. The Client may attend and shall promptly draw any accommodation or equipment concerns to the Skipper’s attention.
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.
Before departure, the Skipper shall brief the Charter Party on safety equipment, emergency procedures and the safe use of the Vessel and its amenities. All members of the Charter Party must attend, follow the instructions and inform the Skipper of any assistance they need.
The Skipper is responsible for returning the Vessel to the base port defined in the Charter Contract on Friday evening by 18:00 unless otherwise agreed in written communication. The Skipper shall arrange refuelling, replenishment of water and port formalities; the Client bears the agreed operating costs. The Vessel shall be returned clean and tidy, with full tanks of fuel and water, in the condition in which it was received, allowing for ordinary wear. The Charter Party shall cooperate with the return schedule and leave guest accommodation reasonably tidy.
If safe navigation or an unforeseen event prevents timely return, the Skipper shall immediately contact the Charter Company, record the circumstances in the Vessel’s logbook and follow the agreed safe course of action. The Client shall not require the Skipper to disregard weather, port restrictions or other safety requirements in order to meet a schedule.
Where a delay in returning or vacating the Vessel is caused by the Charter Party’s failure to follow the agreed schedule or lawful instructions, a delay of up to three (3) hours is charged at one additional daily charter rate. For a delay exceeding three (3) hours, the charge is three times the daily charter rate for each commenced calendar day. The Client shall also bear reasonably evidenced additional costs caused by that breach. These charges do not apply to delay caused solely by the Crew, the Charter Company or circumstances outside the Charter Party’s control. A different return port requires the Charter Company’s written agreement; relocation costs chargeable to the Client shall be specified in that agreement.
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 Skipper 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 Skipper will follow the Charter Company’s instructions for repairing the damage. If the damage cannot be repaired onsite the Skipper 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 18. 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 notification from the Client or the Skipper, 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 17.
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 18, the unused charter days shall not be refunded. Responsibility for repair costs remains governed by this Section and Section 17.
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 18, the Charter Company shall not be liable for additional expenses or losses arising solely from the necessary change of Vessel or route.
For the avoidance of doubt, professional Crew are excluded from the Charter Party when allocating liability under this Section. The Client is not liable merely because a Crew member caused damage. Responsibility for Crew acts or omissions shall be determined under the applicable Crew arrangements and law; the Charter Company remains responsible for its own obligations and for persons for whom it is legally responsible.
The Skipper shall hold the qualifications required for the Vessel and its navigation area and shall exercise professional care in its operation. The Skipper conducts check-in and check-out on the Client’s behalf, provides the safety briefing, keeps the Vessel’s documents and logbook, and manages navigation, mooring, anchoring, manoeuvring, refuelling and port formalities.
The Skipper shall inspect the Vessel’s essential systems, check engine oil and other operating levels in accordance with the manufacturer’s instructions, monitor faults and arrange technical assistance through the Charter Company. The Skipper is responsible for keeping the deck and cockpit reasonably clean and operational. Cooking, interior housekeeping and childcare are not included in Skipper-only service.
The itinerary shall be planned in consultation with the Client, taking account of preferences, weather, distances, berth availability and the Vessel’s capabilities. The Skipper has the final decision on departure, route, speed, overnight anchorage, port entry and any activity affecting safety. A particular port, anchorage or itinerary cannot be guaranteed. The Skipper shall explain necessary changes and propose practical alternatives.
Navigation is limited to Croatian territorial waters unless the Charter Company has given prior written approval for another area. The Skipper must observe all restrictions imposed by the Vessel’s documentation, insurance, port authorities and the Charter Company. Departure is not permitted where wind exceeds or is forecast to exceed 30 knots, where essential safety equipment is defective or where conditions otherwise make navigation unsafe. Night navigation requires the Charter Company’s prior written approval and remains subject to the Skipper’s safety assessment.
Daily plans should normally involve no more than eight hours of navigation unless otherwise agreed and consistent with safe operation and Crew rest. On sailing vessels, the Skipper shall use the sails where conditions, safety and the agreed itinerary permit. The Skipper shall arrange suitable monitoring of the Vessel at anchor and safe overnight arrangements; the service does not require a single Crew member to remain continuously awake or on duty.
The Skipper shall assist with local information and practical recommendations within their knowledge. Reservations and third-party services remain subject to availability and are charged as agreed. On a Skipper-only charter, a willing and able adult guest may be asked to assist with simple tasks under direct instruction. Guests are not expected to undertake tasks beyond their ability or to replace qualified Crew.
When a Hostess is booked, the service includes preparing and serving breakfast and lunch, purchasing provisions and daily cleaning of the saloon, galley, toilets and cockpit. The Hostess shall coordinate cockpit duties with the Skipper. Dinner preparation, guest-cabin housekeeping, laundry, childcare and other additional services are included only if expressly agreed before the charter.
The Client shall provide food preferences, allergies and dietary requirements before the charter. The Hostess shall take reasonable care to follow the agreed requirements, subject to available ingredients and the facilities onboard. Any requirement that cannot safely be accommodated must be discussed before boarding; a small shared galley cannot be assumed to provide an allergen-free environment. Food, beverages and provisioning expenses are payable by the Client, directly or through APA. Hostess services are provided for the guests listed in the Charter Contract and official passenger list. Catering for additional visitors or special events requires advance agreement. The Hostess is not responsible for supervising children or providing medical care. The Hostess shall have appropriate time for meals and rest, with daily service arrangements coordinated with the Client and Skipper.
The Client shall provide suitable onboard sleeping accommodation and access to sanitary facilities for each Crew member. Crew accommodation forms part of the Vessel’s total capacity and must be allowed for when selecting the Vessel and the number of guests.
The Hostess must be allocated an interior cabin within the main accommodation area of a hull. A forepeak berth accessed through a deck hatch, a saloon berth or an external crew compartment does not satisfy this requirement. The Hostess must have practical access to an interior bathroom. Any proposed sharing of the cabin must be expressly agreed in advance with the Hostess and the Charter Company; the cabin may not be reallocated to guests during the charter.
A suitable cabin or berth and bathroom access shall also be allocated to the Skipper. A saloon berth does not satisfy this requirement. The Client shall provide adequate food and drinking water for all Crew throughout the charter, including arrangements for their evening meal. An agreed meal allowance may be used instead. These costs may be paid through APA.
The Charter Company may arrange a replacement Crew member if illness, unavailability or another justified operational reason prevents the originally nominated person from serving. The replacement must have suitable qualifications and experience for the booked role and shall be arranged without an additional Crew Fee to the Client. A replacement does not by itself change the agreed service standard.
Concerns about Crew service should be reported promptly to the Skipper and, if unresolved or if they concern the Skipper, directly to the Charter Company. The Charter Company shall investigate and take reasonable steps to remedy a substantiated shortcoming, including arranging replacement where appropriate and practicable. Replacement costs arising from a substantiated failure of the booked Crew service shall not be charged to the Client. If a replacement is requested solely as a matter of personal preference, any additional costs require the Client’s prior agreement. The Client must not dismiss Crew or continue the charter without the required Skipper. Complaints remain governed by Section 19.
An Advance Provisioning Allowance (APA) is a fund paid in advance by the Client to meet the actual operating expenses of the charter.. APA must be received before expenses are incurred on the Client’s behalf and, in all cases, before departure. It is separate from the Charter Fee, Crew Fees and Security Deposit and is not a fixed-price package or an additional charter fee.
APA may cover fuel for the Vessel, generator, dinghy and other agreed equipment; water; marina, harbour, mooring and anchorage fees; food and beverages for the Charter Party and Crew; agreed Crew meal allowances; and other expenses expressly authorised by the Client. APA shall not be used for routine maintenance, Crew remuneration, damage claims or gratuities unless separately and expressly authorised by the Client. Any processing or administration charge must be disclosed and agreed in advance.
The Skipper, or another Crew member designated in the booking confirmation, shall manage the APA, keep an itemised record of expenditure and retain available receipts and invoices. Where a receipt cannot reasonably be obtained, the expenditure shall be recorded with its date, purpose and amount. The Client may review the running account and supporting records during the charter and receive copies of the final statement and available supporting documents.
APA is an estimate of expenditure, not a spending limit. The person managing the fund shall monitor the balance, inform the Client in good time if further funds are likely to be needed and request a top-up. The Client shall provide the additional funds promptly so that agreed services and essential operating expenses can be paid. Significant discretionary expenses outside the agreed preferences require the Client’s prior approval.
Before disembarkation, the person managing the APA shall present an itemised final account, settle any shortfall with the Client and return the unused balance. If a genuine outstanding supplier charge cannot be confirmed by checkout, only a reasonable, identified amount may be retained for that charge; the final supporting account and any remaining balance shall be provided promptly once it is known. Any disputed item shall be identified separately and shall not delay return of an undisputed unused balance.
If the charter is cancelled, postponed or ends early, unused APA shall be returned after deducting only expenses already incurred or non-refundable commitments properly authorised for that charter. Any amounts carried forward to a replacement charter require the Client’s agreement. APA is not automatically forfeited under the Charter Fee cancellation or force majeure provisions and does not replace the Security Deposit.
The Charter Company shall provide the Vessel with the documents required for lawful charter and operation, including registration, relevant permits and insurance documentation. The Skipper is responsible for their safekeeping, the Vessel’s logbook and the necessary port and incident records, and shall return the documents with the Vessel. The Client shall provide accurate guest information and valid personal travel documents as required for the charter.
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 Skipper 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 Skipper is also obliged to report to the Charter Company’s office. The Charter Party shall promptly notify the Skipper of any incident and cooperate with the reporting process. 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; late reporting does not automatically make the Client liable for every loss. Repairs shall be arranged by the Skipper with the Charter Company’s authorization, except for immediate measures necessary to protect life or prevent further damage.
The Client’s responsibility shall be assessed under Sections 10 and 11. A Crew member’s failure to maintain the Vessel or report an incident shall not, by itself, be attributed to the Client. The damage of personal belongings is not covered by the insurance.
The Charter Company shall not be liable:
A concern about Crew service should first be raised promptly with the Skipper, unless it concerns the Skipper or direct contact with the Charter Company is more appropriate. The Client may always contact the Charter Company directly. The Crew replacement procedure in Section 14 applies where relevant.
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 a maximum of 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 18 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 18. 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.
