GENERAL TERMS

BOOKING. To make a reservation of the charter contact our office by e-mail. After reservation of wished cruise programme you will receive the charter agreement. Signed charter agreement means reserved cruise programme and to make your booking you must pay a 50% of weekly charter price as a deposit for reserved cruise. Upon receipt of the deposit on the bank account of the Barbara Cruising – OWNER, you (CHARTERER or CHARTER AGENT) will receive confirmation of the payment. In the case of reservation of your week, please contact us no later than within 8 days.
FINAL PAYMENT. Full payment, less the deposit prepaid, must be forwarded to The Barbara Cruising no later than 60 days prior to your departure from your home destination. In the event of failure to complete this transaction on time, your reserved trip or boat will become available for general sale and we will reserve the right to retain the deposit you have paid.
DELIVERY. The OWNER shall at the beginning of the Charter Period deliver the vessel to the Port of Delivery and the charterer shall take delivery in full commission and working order, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and life-saving equipment as required by the vessel's registration. The OWNER does not warrant her comfort in bad weather conditions for all cruises or passages within the charter area.

CANCELLATION. If it becomes necessary for the charterer to cancel a charter, the CHARTER AGENT and the OWNER are not obliged to refund any monies paid to them by the charterer (for this reason, we strongly advise the CHARTERER to take out cancellation insure to cover all eventualities). If the OWNER must cancel for any reason, the OWNER shall either find a substitute vessel or shall refund in full all monies paid by the charterer, and the OWNER shall pay the CHARTER AGENT the agreed brokerage fee on the full Charter amount. Cancellation must be done in the speediest way possible, by phone or/and e-mail, followed by facsimile or/and registered mail. If monies are to be refunded, they should be transferred to the beneficiary's account within 15 days after receipt of the written letter of cancellation by facsimile or/and registered mail.

CANCELLATION DUE TO FORCE MAJEURE. If the charter cannot be fulfilled or completed due to Force Majeure, but no fault of the OWNER, CREW or CHARTERER, the Charter shall cease from the time thereof and no party shall be liable for the loss, damage, expense or inconvenience resulting there from. In this agreement, Force Majeure means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the OWNER, CREW or the charterer (including, but not limited to, strikes, lock-outs, or other labour disputes, civil commotion, riots, blockade, invasion, war, sabotage, governmental act or regulation, plus fire, explosion, collision or grounding which were beyond the CREW's control and not caused by the OWNER's negligence).

INSURANCE. The OWNER agrees to insure the vessel against fire, marine and collision risks and protection and indemnity coverage for the term of a Charter and thereby the charterer shall be relieved of any and all liability for such loss or damage. The OWNER also agrees to provide personal accident/injury insurance for all passengers and crew aboard the vessel/s for the term of a Charter. The OWNER holds the said policies of insurance but should the OWNER fail to carry such insurance he shall then assume the same responsibility as if the vessel and passengers were so insured. We strongly advise you to take out your own individual travel insurance.

DISCLAIMER. The VESSEL, the OWNER and the CHARTER AGENT accept no responsibility for accidents, injuries, or death due to swimming or the use of snorkels, masks or allied equipment such as scuba equipment whether supplied by the OWNER, his agents or others. The VESSEL, the OWNER and the CHARTER AGENT are not liable for any bodily injury or death related to water skiing, wake boarding, wind surfing, scuba diving, spinnaker flying, halyard flying, other on-board or in-water activities, or use of the vessel's dinghy, outboard motor or other equipment. The CHARTERER acknowledges the risks of such activities and agrees to this provision.

CAPTAIN'S DUTIES. The OWNER certifies that the Captain is competent coastwise and in deep-sea navigation. It is understood by both parties to this contract that while the charterer may decide on the general course of the voyage and ports of call, the Captain shall handle clearance and normal running of the vessel and be responsible for the safe navigation of the same and that charterer shall abide by his judgment as to sailing, weather, anchorage and other pertinent matters.

CHARTERER'S RESPONSIBILITY. The charterer agrees to be responsible for and to replace or make good any damage to the vessel, her furnishings or equipment caused by her/himself or by any of her/his party through carelessness or neglect and to satisfy any indebtedness that may have been incurred on account of or by order of the Charter party. It is the Captain's discretion to ask someone to disembark if he believes their conduct is endangering the safety of the boat or other passengers.

ARBITRATION. Any dispute in connection with the interpretation and fulfilment of this Agreement shall be decided, in the first instance, by arbitration in one of any offices for arbitration in the United Kingdom. Each party shall appoint one Arbitrator. If a solution cannot be found by arbitration then any of the parties has the right to take up the dispute in the civil court. The place of the performance shall be in the United Kingdom. This Agreement shall be interpreted and fulfilled in accordance with the laws of the United Kingdom, Croatia and the European Union.

Surface Transportation: Land transportation is provided in accordance with the itinerary by a private motor coach, a minibus, or a car, depending on the itinerary and the size of the group.
Transfers: All necessary group or single person transfers between airports and harbours are not included throughout the tours.
Not included in the Rates: Passport and visa costs, international airfare, air travel within the countries, beverages, tickets for entertainments, transfers, guided tours, and entrances to the national parks.
Important Notice: Barbara Cruising reserves the right to decline to accept or retain any person as a tour passenger should such a person's health or mental condition or physical infirmity or general deportment impede the operation of the tour or the rights or welfare or enjoyment of other tour passengers.
Disclaimer of the web site content: Although the information on this web site is believed to be current and correct, it may be incomplete or out of date or incorrect for other reasons. This site is not our primary source of information distribution, therefore you should contact Barbara Cruising for available dates, itinerary, rates, conditions and other information.

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