TERMS AND CONDITIONS
Smart Sail d.o.o. Charter Terms and Conditions, version valid as of November 1, 2020
1) PRICE, BOOKING AND PAYMENT
The price for yacht charter (accommodation rate), according to the applicable Price list use, includes the charter of the
chosen vessel and all related equipment, such as bed linen, dinghy, autopilot, GPS and other, as well as usual services
provided in the charter base such as mooring expenses in the registry port, water, electricity and costs of inspection
of the vessel. The price for yacht charter does not include cost of car parking, fuel, marina and mooring expenses in
ports outside the registry port, port taxes, charter pack, insurance for charter cancellation, as well as any other fees
The yacht charter reservation is made by the Client, only if confirmed in writing (e-mail confirmation or internet
booking confirmation is also valid) and if the payment of the first 30% of the price for yacht charter is made by the
Client in the period of 7 days after the booking is made. The remaining 70% of the price for yacht charter must be paid
by the Client not later than one month before the start of the charter. Start of charter is possible only after the price
for yacht charter is fully paid. If the Client fails to make the payment of the first 30% of the price for yacht charter until
the due date the yacht charter shall not be confirmed by the Smart Sail d.o.o. and Smart Sail d.o.o. is authorized to
seek for the new Client.
By making the request for the yacht charter reservation, the Client agrees to these General terms and Conditions and
to the features (size, equipment, etc.) of the chosen vessel as well as to the Price list and all costs connected to the
Additional services if any, shall be charged according to the applicable Price list published at www.smartsail.hr (e.g.
transfers from the airport, spinnaker, gennaker, one-way fee, skippers, voluntary food or beverage charter pack,
insurance, etc.) and must be confirmed in writing (e-mail confirmation with receipt of delivery or internet booking
confirmation is also valid) and paid by the Client not later than 7 days before start of the charter. Should the Client
request from Smart Sail d.o.o. a skipper and/or a hostess, this should be specified when the request for the yacht
charter reservation has been made by the Client but in any case, not later than 7 days before start of the charter.
The navigation licence and other mandatory certificates (if any) must be presented to Smart Sail d.o.o. at latest before
the start of the charter. The signed and completed crew list will be required not later than one week before the start
of the charter. It is convenient to provide Smart Sail d.o.o. with notice on the hour of arrival and the flight number
should the Client arrive by plane in advance.
Tourist tax per person/per day specified in the Price list must be paid in cash after the confirmation of the Crew list in
the charter base before the start of the charter.
2) YACHT CHARTER CANCELLATION
If the Client intends to cancel the yacht charter reservation for any reason whatsoever, the Client shall be obliged to
notify Smart Sail d.o.o. thereof in writing, and shall be charged as follows:
– 20% of the full price for the yacht charter if the cancellation has been made 6 or more calendar months prior to the
start of the charter;
– 40% of the full price for the yacht charter if the cancellation has been made 3 to 6 calendar months prior to the start
of the charter;
– 60% of the full price for the yacht charter if the cancellation has been made 1 to 3 calendar months prior to the start
of the charter;
– 85% of the full price for the yacht charter if the cancellation has been made within 1 month prior to the start of the
– 100% of the full price for the yacht charter if the cancellation has been made one 1 week or less prior to the start of
The date of Smart Sail d.o.o. receipt of the Client’s cancellation notice in writing (e-mail confirmation with receipt of
delivery or internet cancellation confirmation is also valid) shall be the basis for the settlement of the stated
Should the cancellation be caused by the Force Majeure or any objective reasons whatsoever (serious damage of the
vessel during prior charter or similar), the Client shall be reimbursed:
– first by compensation vessel with the same or similar features and equipment, or if not possible
– return of all monies paid by the Client to Smart Sail d.o.o.
In the event of damage or loss of any part of the vessel which is not essential for the navigation safety the Client shall
not be entitled to cancellation of the charter or any reduction of the paid price for yacht charter. If the charter period
shall be cut short due to the breakdown or damage of the vessel before the starting date of the charter the Client shall
be entitled to proportional reduction of the price for yacht charter.
COV19 SMART FLEX POLICY – allows the client to cancel the reservation (not later than 14 days before charter starts) and get a full refund ,if due to objective Covid 19 related reasons (lockdown, closed borders, illness) client is not able to embark. Cov19 Smart Flex Fee – SO33i, SO36i – 150€ – Bavaria 37 – 200€ -,Bavaria 45 – 250€ – Elan 45, Bavaria 46, Oceanis 50 – 300€ – Dufour 46, Elan 50, Lagoon 380 – 350€
(Note! In case of cancellation, full amount of the paid charter will be refunded, minus the “Cov19 Smart Flex Fee”. )
3) DEPOSIT, INSPECTION AND INSURANCE
All Smart Sail d.o.o. vessels are covered with Kasko deductible franchises in value of the deposit in the amount
according to the Price List. The insurance policy covers Compulsory Passenger Insurance and Compulsory Third Party
Insurance. Personal property of passengers or charter cancellation is not covered with insurance obtained by Smart
Sail d.o.o.. Any damage incurred due to gross negligence or with the plain intention by the Client, shall not be the
subject to insurance compensation.
A) DEPOSIT AND INSPECTION – Before the start of the charter, the Client must pay the security deposit. After the end
of the charter, the security deposit shall be returned to the Client in full, unless any damage on the vessel or damage
or loss of any item of the vessel equipment has been established by the Smart Sail d.o.o. If the damage is established
by Smart Sail d.o.o., the deposit shall be kept in the equivalent value of the repair costs or the purchase value of the
damaged and/or lost equipment. The Client is entitled (but not obligated) to attend to the Smart Sail d.o.o. inspection
of the vessel which may be made by the Smart Sail d.o.o. during and/or at the end of the charter. If a skipper is engaged
on request of the Client, the Client will be required to pay the security deposit. In that case, the paid deposit cannot
be used to cover any damage incurred due to the skipper’s negligence and poor navigation of the vessel and
If the vessel shall be used by the Client at regattas, the security deposit should be made in double amount specified
for the vessel in the Price list.
B) Should the Client wish to undertake sailing out of the territorial waters of the Republic of Croatia, he shall be
required to inform Smart Sail d.o.o. thereof as soon as possible. The Client shall be charged for the all additional costs
and expenditures. The information about the sailing out of the boundaries of the territorial waters of the Republic of
Croatia is to be confirmed in writing timely, but not later than 45 days prior to the star of the charter.
C) SEA DAMAGE AND DEFECT – If during the charter any damage or defect has been incurred to the vessel and/or the
related equipment due to normal wear and tear, the Client shall be entitled and obliged to secure and/or perform all
actions related to repair up to the value of EUR 100.00, which shall be reimbursed to the Client after return of the
vessel to the Charter base and upon presentation of related invoices and payment confirmations. If the defect or
damage cannot be repaired during the charter route and requires returning of the vessel to the base, early return shall
be organized so that the vessel can be repaired and timely prepared for the next charter. The Client shall be entitled
to the proportional reimbursement to the number of lost charter days if the defect or cause of damage has been
incurred due to the fault of Smart Sail d.o.o.. Otherwise, the Client shall not receive any compensation of costs thereof
and shall be required to compensate Smart Sail d.o.o. for any damage, such as additional costs related to finding of a
substitute vessel. In the event of major damage and defect, loss of the vessel, injured persons, or similar occurrences
the Client shall notify Smart Sail d.o.o. thereof and shall strictly adhere the Smart Sail d.o.o. instructions. The damage
that has not been reported shall be considered as caused fully by the Client and therefore, in any event fully payable
by the Client.
4) VESSEL DELIVERY PROCEDURE (CHECK-IN)
The Client must take over the vessel on Saturday from 6 PM.
The Client shall present verified original voucher with all Client’s data and the charter period along with the original
navigation licence and other mandatory certificates (if any) to the representative of Smart Sail d.o.o. The vessel shall
be delivered with full fuel and water tanks and it is expected to be returned in the same condition. During the vessel
delivery procedure, the Client may inspect the inventory along with the representative of Smart Sail d.o.o. and must
confirm the condition of the vessel with signed minutes of delivery. The same procedure shall be referred to all related
equipment. Any subsequent complaints shall not be accepted. Any possible defects or deficiencies of the vessel and/or
of the equipment, which could not have been established by Smart Sail d.o.o. during the takeover of the vessel, shall
not entitle the Client to claim any reduction of the price for the yacht charter.
Smart Sail d.o.o. may request from the Client to demonstrate by navigating the vessel his/her competency to sail the
yacht in presence of Smart Sail d.o.o. representatives. The costs associated therewith shall be borne by the Client and
the testing time shall be included in the charter period. If, after inspection, Smart Sail d.o.o. is of the opinion that the
Client is not, or may not be competent to be in charge of the vessel, an official skipper shall be engaged and the Client
will be charged for his services according to the Price List. Should the Client refuse to accept the designated skipper,
he shall be prohibited to leave the port, the Agreement shall be terminated and the paid price for yacht charter shall
be kept by Smart Sail d.o.o.
5) RETURN OF THE VESSEL (CHECK-OUT)
Return of the vessel takes place on Friday until 6 PM with the overnight until Saturday at 9 AM.
At the time of return of the vessel, the items of the inventory list must be checked, the vessel must be clean and in
good condition, the fuel tank must be full and the septic tank must be empty. The Client must present Smart Sail d.o.o.
with the invoice for the last tank filling service. If the fuel tank is not full, the Client shall be charged for the missing
fuel and for the tank filling service as well as for all damage, if any. If Smart Sail d.o.o. does not establish any damage,
the security deposit shall be returned to the Client. Smart Sail d.o.o. is entitled to claim damage compensation from
the Client even if, i.e. after the deposit is returned to the Client.
If the vessel is not returned to the agreed destination port, the Client shall pay all costs for the vessel transfer to the
destination port and the penalty, as prescribed in the Price list, for any delay that may have been incurred. Any delayed
return of the vessel due to weather conditions shall not be acknowledged by Smart Sail d.o.o. and shall be subject to
additional charges. Therefore, during the last 24 hours of the charter it is necessary to keep the vessel at an adequate
distance to the charter base. Any delay in return of the vessel longer than 1 hour shall be charged at the double rate
of the daily accommodation service as well as any costs and damages resulting from the inability to deliver the vessel
on time to the next Client.
The Client wishing for any reason whatsoever to extend the stay onboard must notify Smart Sail d.o.o. thereof in order
to check out the further availability of the vessel for accommodation and to obtain the necessary documentation
(charges for additional days, crew list extensions, registration of foreign nationals at the Police Dept., Tourist Board,
6) LIABILITY OF CLIENT
The Client undertakes:
– to be capable and competent to sail the vessel. Otherwise, the Client shall be obliged to accept a skipper provided
by Smart Sail d.o.o. according to the Price List and these Terms and conditions;
– to have all original navigation licences;
– not to surrender the vessel to the Third Party at any time and any circumstances;
– not to transfer with the vessel persons or goods for commercial purposes;
– not to accept more passengers onboard of the vessel than it is specified in the Crew list and/or the related vessel’s
specifications; – to be jointly liable with all crew members;
– to keep the Crew list and the residence registration certificate along with the vessel’s documentation for the duration
of the charter period;
– to notify Smart Sail d.o.o. of any changes relating to the number of crew members or passengers made during the
accommodation service period;
– to comply with the law of the host country;
– not to participate in competitions and racing regattas without the prior written consent by Smart Sail d.o.o.
– not to operate the vessel under the influence of alcohol or drugs or if ill or in any other way for which he is incapable
to operate the vessel;
– to immediately inform representatives of Smart Sail d.o.o. following their instructions in the event of sea damage or
– to follow the engine usage regulations during the charter;
– to contract the rescue fee before accepting the assistance if any towing services are necessary;
– to take all the preventive measures to keep the vessel in the same condition as at the start of charter and to avoid
any towing situations;
– not to leave the port if the expected wind power is greater than 25 knots or the port authorities have already issued
a prohibition for leaving of the port or in conditions in which he is not capable to operate with the vessel in a safe way;
– to plan carefully the navigation route so that 2 days before returning to the Charter base the vessel shall have been
located at the approximate distance of 40 NM from the said port;
– to notify Smart Sail d.o.o. in case of rough weather conditions (gale-force wind) of the exact location;
– to receive any needed assistance or to avoid unnecessary and costly vessel search operations; – not to engage in
fishing and submarine activities without valid licences;
– depending on weather conditions to avoid unnecessary strain on masts, sails and ropes; – not to embark any pets
(dogs, cats, birds, etc.) without the prior written consent and additional charges according to the Price list by Smart
– to empty septic tanks at the open sea, i.e. on the minimum distance of 1 NM from the nearest land; – not to use the
vessel in any way which could result in criminal or misdemeanour liability or in any other way which could cause any
damage to the Smart Sail d.o.o. and/or related persons.
7) LIABILITY OF SMART SAIL D.O.O.
The chosen and paid vessel shall be delivered to the Client in good working order, cleaned and with full fuel and water
tanks, subject to other provisions of these Terms and Conditions. In the event of damage or malfunction, Smart Sail
d.o.o. has 24 hours to eliminate any irregularities, either if it is for check-in or during client’s stay on board from the
moment that problem is reported.
Any liability of Smart Sail d.o.o. in excess of the charter rate paid by the Client to the Smart Sail d.o.o. is excluded.
Smart Sail d.o.o. shall not be liable for any delay incurred due to the Force Majeure or rough weather conditions, (wind
above 27 knots). The Client undertakes and states that he shall not sub charter the yacht or rent it to a third party,
that he shall not participate in regattas or yacht races, that he shall not use the yacht in commercial purposes and
professional or night sailing.
The Client shall be entitled to file complaints only in writing, signed personally and to a representative of Smart Sail
d.o.o. on the final date of the Client’s charter. The Client may claim for compensation at the time of checkout only
with a complaint in writing and appertaining documentation signed by the Client and a representative of Smart Sail
If complaints and requests of the Client cannot be solved at the time of check-out, the complaints and requests are to
be submitted in writing within the period of 14 days. Otherwise, the complaints and requests shall not be taken into
Any dispute hereunder, which the Parties have not been able to settle amicably, shall be decided in accordance with
Croatian Law. The court of jurisdiction is the court in Rijeka.