The Agreement on Accommodation aboard the Air charter shall enter into force once the fee for the accommodation aboard the Air charter is paid in full. Everything published in our programme represents a legal obligation for both us and you, and constitutes an integral part of the Agreement. These Terms and Conditions shall be the sole basis for the resolution of any disputes that arise between us. Therefore we ask you to read them carefully.
BOOKING AND PAYMENT
You can book the Air charter by e-mail, phone, fax or directly. Chartered Air charters with control equipment may be used only once the payment has been duly effected (50 % when booking, and the rest no later than four weeks prior to the commencement of the charter period). The Charterer shall submit to the Owner the list of the names and addresses of the crew members four weeks prior to the commencement of the charter period. If the entire amount is not paid within the deadline set out in the Agreement, the Agreement shall be terminated, and the Owner shall reserve the right to keep the amount already paid. In case of impossibility of signing the contract, by advance payment made by a lessee this contract shall be considered concluded and both parties to the contract accept by it the contractual provisions as well as general charter conditions. In case if a lessee is not also the user of a charter, he will be under obligation to inform the end user on general charter conditions, otherwise he will be liable for any and all claims of the ship owner towards the end user which will not be collectible. When a lessee is not also the end user of a charter, rights and obligations of a lessee referred to below refer to the end user of a charter.
The charter fee includes the fee for a Air charter equipped according to the official price list and inventory list of ACS. The charter fee does not include other costs, such as food, fuel or berthing charges. The Air charter shall be handed over to the Charterer with full water and fuel tanks, in working condition and clean; it must be redelivered in the same condition.
If the Charterer is unable to commence with the Air charter charter for any reason, he shall be free to find a person to take over his rights and obligations with the owner’s consent. If the Charterer fails to find a replacement, the Owner shall keep the following: 30 % of the charter fee if the charter is cancelled at least two months prior to the commencement of the charter period; 50 % of the charter fee if the charter is cancelled no later than four weeks prior to the commencement of the charter period; 100 % of the charter fee if the charter is cancelled less than four weeks prior to the commencement of the charter period. Deviations equipment of Air charters of the list of equipment or inventory does not give the tenant the right to a price reduction, if the Air charter are all for safety and navigation are essential parts of the equipment.
To process transactions
Your material, whether public or private, will not be sold, switched, transferred, or given to any other business for any reason whatever, without your consent, other than for the prompt purpose of transporting the purchased product or service requested by the customer.
The security deposit shall be paid (the amount is set out in the price list for each Air charter) in cash or by credit card upon the delivery of the Air charter. The entire amount of the security deposit shall be redelivered following the Air charter check-out at the agreed place and time, with the accompanying equipment, and if the Air charter is undamaged. In case of loss of or damage to the equipment, individual parts of the Air charter or theft of the Air charter itself, the Owner shall keep a certain portion or the entire security deposit corresponding to the amount for the procurement of the lost or damaged equipment or for the repair of that individual part of the Air charter. The Charterer shall check the oil level in the engine daily. Any damage caused by insufficient oil in the engine shall not be covered by the insurance. The lessee may insure the paid caution money and the lessor recommends to conclude such a type of insurance.
Each Air charter has casco and compulsory insurance for passengers. The Air charter insurance is defined in the terms and conditions laid down by the insurer that insures the Air charter. Any damage normally covered by the insurance policy, but not notified to the insurer immediately, shall not be recognised. In that case, the Charterer shall be personally responsible for the damage due to failure to notify the damage. If the Air charter is damaged, the Charterer shall bear the costs incurred for its repair, not exceeding the amount of the security deposit. The costs of repairs exceeding the amount of the security deposit shall be borne by the insurance company. In case of gross negligence or failure to notify damage, the Charterer shall bear all costs. The personal property of the skipper and crew members is not insured, therefore insurance is recommended in a personal arrangement. Personal property is not insured.
Claims, if any, resulting from the charter of a Air charter should be sent in writing to the lessor 14 days upon end of charter at the latest. The Owner shall recognise only those complaints which are submitted in writing during the redelivery of the Air charter, and signed by the Charterer and Owner. Compensation claims are limited to the maximum amount of the contracted charter price. All other claims are excluded.
The parties shall endeavour to resolve any misunderstanding or dispute amicably. If they are unable to resolve it amicably, the court with territorial jurisdiction where the Owner has his registered office shall have jurisdiction, subject to the laws of the Republic of Croatia. Any special annexes shall be done in writing. If any of the provisions of the Agreement on Accommodation aboard the Air charter is invalid or controversial, that shall not affect the validity of the other provisions of the Agreement. In such a case, instead of the invalid or controversial provision, the parties shall mutually agree on a provision as they would have done had the invalidity, unenforceability or controversial nature of the provision been known to them at the moment of the conclusion of the Agreement.