If the owner is not able to deliver the reserved vessel as agreed in this agreement, the owner will offer to the charterer another suitable yacht of the same or better type. If the replacement is not acceptable for the charterer, he/she/it can cancel this agreement but all the payments done by the charterer will not be refunded, while other rights for compensation for the benefit of the charterer are excluded.
In case that the owner is not able to deliver another vessel of the same, similar or better type, the charterer may withdraw from this agreement within the following deadlines: 24 hours for a charter period of up to 7 days; 48 hours for a charter period longer than 7 days; 72 hours for a charter period longer than 14 days. The same deadlines are applied for the periods of waiting for repairworks that occurred during the charter period for reasons not caused by the customers' fault. If the charterer rightfully withdraws from this agreement, all the payments done by the charterer will be refunded, or, in case that the withdrawal occurred during the charter period, the corresponding amount will be refunded to the charterer. Any other payments in favour of the charterer are excluded.
In case of a delay for reasons caused by the fault of the owner, the charterer has the right for a refund for the period of delay, as well as the right for compensation of the costs of night's accommodation if the night' accommodation is not possible on the reserved vessel or on a replacement vessel.
The owner insured the vessel with first-class insurer against all customary risks for a vessel of its size and type. Copies of all relevant insurance documentation will be available for inspection by the charterer prior to the charter period on reasonable notice to the owner and will be carried on board the vessel.
Under normal circumstances the charterer will only be liable for such costs and/or losses as may be incurred repairing damage caused by the charterer and/or guests and/or visitors, intentionally or otherwise, and those costs will be deducted from the security deposit. In case that the security deposit amount does not suffice to cover the damage, the charter shall make an additional payment to cover the difference.
The charterer will carry independent insurance for personal effects whilst on board or ashore for the charter period, all for any medical and/or accident expenses incurred other than covered under the vessels's insurance.
The charterer will give notice of any complaint in the first instance to the captain.
The complaint may be made verbally but shall be confirmed as soon as possible in writing by protocol signed by the charterer and the captain specifying the precise nature of the complaint.
The complaint in writing will be submitted to the owner and broker as well.
Any and all disputes arising out of this agreement, including those as related to its valid execution, breach or termination, as well as the legal effects arising from there, shall be settled by gentleman's agreement between the parties, and if the parties still cannot find a solution satisfactory for all parties, the dispute shall finally be settled by arbitration in accordance with the applicable Rules of International Arbitration of the Permanent Arbitration Court Attached to the Croatian Chamber of Economy as in force, all if the CHARTERER is a foreign natural and/or legal person.
Any and all disputes arising out of this agreement, including those as related to its valid execution, breach or termination, as well as the legal effects arising from there, shall be finally settled by arbitration in accordance with the applicable Rules on Permanent Arbitration Court with the Croatian Chamber of Economy, all if the CHARTERER is a Croatian natural and/or legal person. The number of arbitrators shall be 1 (in words: one) while the applicable substantial and procedure law shall be the Croatian law. The place of arbitration shall be Zagreb.