Terms of use

Charter Conditions Luxury yachts

Charter fee and payment conditions

The charter fee includes charter of a yacht with its equipment and full insurance for the yacht and crew during the charter period. Harbour dues out of domicile marina, fuel expenses, skipper, hostess and other extra services are not included in the charter fee. The chartered yacht with complete equipment can be used only after the payment was regularly settled:

  • 50% of the charter fee (down payment) upon booking ( unless otherwise stated in the offer)
  • 50% of the charter fee 30 days before commencement of the charter.( unless otherwise stated in the offer)

Only bank transfers are accepted!

In order that the booking becomes final, the Charterer undertakes to pay down payment on account of agency within the time period of 5 days since Charter Contract or invoice is sent to the Charterer.

The charter fee includes the usage of the yacht during charter period. In starting marina Charterer will pay for all extra requested services (skipper, hostess, transport, jet-ski, windsurf, etc.), transit log and final cleaning.

Security deposit

The security deposit has to be made in starting marina by the Charterer when taking over of the yacht. Security deposit can be made in cash, cheques or credit cards. The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the yacht or the equipment is found during the takeover of the yacht, and unless there are no claims field or announced regarding the Charterer by third persons, that are connected to the usage of the yacht.

In case of loss of or damage on the equipment, particular parts of the yacht or the yacht itself, Charteree shall retain the amount (a part or the whole deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the yacht. In case the caused damage has the consequence that yacht cannot be further chartered, Charteree has the right to retain the amount corresponding to the loss of profit.

Charteree obligation

The Charteree is obligated to hand-over at Charterer’s disposal completely equipped, faultless, clean and dry yacht with full fuel and water tanks in the agreed time and place with all valid documents of the yacht needed for rental.

If there is any reason that Charteree didn’t fulfil above-mentioned conditions Charterer has right to ask for money refund, for the days he has not been using the yacht. Also if the Charteree cannot place the yacht at disposal at the agreed place 4 hours after the expiry of the time period for the takeover, or provide another, at least identical or better characteristics, the Charterer has to right to give up the contract and demand the total amount of the charter fee or demand the amount for as many days as he could have not disposed of the yacht.
The Charterer could demand only the amount of the charter fee; any other rights to indemnification are excluded.

In case of damage or defect on the yacht or its equipment caused by the normal natural yacht consumption the Charterer is obligated to inform the Charteree immediately. The Charteree is obligated to remove the damage upon notification.

If the Charteree removes the damage within 24 (twenty-four) hours, the Charterer has no right to require any reimbursement.

Takeover the yacht

The Charterer will take over the yacht in agreed time and place. When taking over the yacht, the Charterer is obliged to check and carefully examine the condition of the yacht and its equipment according to the inventory list.

Any possible objections have to be made until the start of navigation. The possible covered defects on the yacht or its equipment, which couldn’t be known to the Charterer at the moment of takeover, as well as defects which could arise after the takeover, do not give right to the Charterer to reduce the charter fee.
If the Charterer fails to takeover the yacht within 48 hours, the Charteree is authorized to give up the contract.
The Charteree reserve the right not to hand over the yacht if in the judgment of their representatives the Charterer is not competent for any reason to operate the yacht, or to give the instructions on the Charterer’s expense.

Charterer’s obligation

After taking possession of the yacht, the Charterer shall bear on his own account all coast of the daily berth in the port, or in marina, coast of fuel, oil, water, cleaning and all other necessities, as well as eliminating all damages and defects, which can appear while the yacht is under charterer’s responsibility and which are not results of normal natural yacht consumption, provided the Charterer has previously reached an agreement with Charteree regarding technical justifiability of the repairs that are to be made.

The Charterer is obliged to sail with in the Croatian territorial waters. For leaving Croatian territorial water the Charterer is obligated to ask the Charteree a special permission and certificate.

The Charterer undertakes to respect custom and other regulations and rules, to take care of the yacht and its equipment and navigate it carefully and according to the rules of a good navigator and sail only during safe weather conditions and good visibility.

The Charterer, or skipper, declares undoubtedly that he disposes of all necessary navigational skills and that he possesses the valid license necessary for the navigation at the open sea and the radiophone certificate, which have to be presented to the Charteree.

The Charterer undertakes and states that he shall not sub charter the yacht or rented it to the third person, that he shall not participate in regattas nor yacht races, that he shall not use the yacht in commercial purposes, professional or night fishing, sailing school or similar, that he shall not operate the yacht under influence of alcohol or narcotics, that he shall not be involved in towing of another yacht, that he shall not violate the public rules, orders and laws that he shall not sail at night by unsafe weather.

Number of persons aboard is to correspond to the crew list. The Charterer assumes the responsibility for the consequences of non-observance to his obligations.

In case of accident or damage the yacht or its equipment during the trip, the Charterer is obliged to inform the Charteree without deferral. The telephone numbers, which can be used for notifying the Charteree, are shown in the yacht documents.

The Charterer is obliged to notify the Charteree and the authorities in case the yacht or equipment is missing, if the further navigation is not possible or in case yacht was dispossessed of, prized or if further navigation was prohibited by state authorities or third parties. If the Charterer fails to hold on his obligations he is considered fully responsible for all the consequences for the Charteree and he guarantees for them.

The keeping of pets (dogs, cats, birds and similar) on the yacht is not allowed, unless a previous agreement was reached in that regard.

The Charterer is obliged to check daily oil level in the engine and take care of sails because they are not insured.

Charterer’s liability

For the damage caused by actions and failure of the Charterer for which Charteree is liable to the third party the Charterer is obligated to settle the damages to Charteree in their entirety, whether it is the case of material and / or legal expenses that resulted from such actions and failures.

The Charterer is explicitly liable for the yacht in case any official body confiscates it, due to inappropriate and illegal actions undertaken during the usage of the yacht within the period for period, which it was chartered.

Charterer is obliged to pay all charges for failures made himself, for which Charteree has criminal and financial responsibility. Charterer is responsible for yacht taking away by foreign state authorities because of illegal actions. In the case of damage or accident Charterer is obliged to write down a suitable report and to inform authorised bodies (harbour headquarters, police, doctors) and the Charteree in case of disappearance of the yacht, impossibility of operating the yacht, as well in case of state organs or third persons sizing or confiscating the yacht or imposing measures of sailing prohibition.

The Charterer shall not leave the port or the anchorage until the damage is eliminated from any vital part of the yacht, such as motor, set of sails, ropes, bilge pump(s), anchor winch, navigation lights, mariner’s compass, safety equipment and similar or if any of the mentioned devices is not in working order.

The Charterer shall not leave the port or the anchorage without sufficient fuel supply and when weather conditions or condition of the yacht or his crew are unsafe or uncertain in general.

The return of the yacht

The Charterer is obliged to return the yacht in agreed time and place tidied without the crew and their personal luggage.

In that time is including the physical take over lasting for an hour. The yacht should be returned with full fuel tank.

If the disembarkation is not possible at the stated time and place for any reason, the Charteree must be informed in order to give further instructions. The Charterer bears all the charges of the Charteree that result from the overdue caused by bad weather.

Therefore, it is recommended to return the yacht in the marina the night before the Charter contract termination date. If the returning of the yacht is later that stated in this Charter contract, the Charterer shall settle:

  • for the delay up to three hours – one day rental fee
  • for the delay of more than three hours – triple daily rental fee plus all other expenses.
Delay can’t be justified by bad weather conditions.

The Charterer is obliged to report the founded defect and damages, if any. The damages of the underwater part are subject to the inspection of the yacht (its lifting) for which the Charterer bears the expenses. The Charterer is responsible to return the all documents of the yacht (permit, registration, concession etc.) as well as other supplements from the ship’s papers file (list of harbour’s master’s offices and similar). Until the moment yacht is regularly checked out it is consider used by the Charterer.

Insurance

The insurance is determined by the terms defined by the insurer with which yacht is insured. The yacht is insured against third person damages and fully insured for all the damages resulting from force majored up to the registered amount of the value of the yachts for the risks according to the insurance policy. The yacht crew is insured. The terms under which the yacht is insured form are integral part of this Contract and shall be delivered to the Charterer when taking over the yacht.

In case of some bigger averages, as well as of those where the other boats are involved, the Charterer is obliged to report immediately the case to the authorized harbour-master’s office and record in a protocol (the course of events, estimation of a damage) for the insurance company. The Charterer is also obliged to report the Chareteree’s office. The damage covered by insurance and in accordance with insurance policy, which has not been reported to Charteree without deferral, shall not be acknowledged.

In case stated in the previous paragraph, the Charterer is personally liable for all the damages as the result of not reporting or late damage reporting.

If damage occurs during the cruise and Charterer is not to be charged (due to normal exhaustion or in case of overdraft of the guarantee sum) he must receive permission (instruction), from the Charteree for an adequate repair. Insurance covers all the damages by franchise caused by weather or from the other natural disasters, but not the damages made on purpose. Charges for purpose made damages are not limited by deposit; Charterer must pay all expenses caused by damage made on purpose.

The damages on the sails and on the engine caused by the oil deficiency in the motor are not covered by insurance. Charterer bears the charges for these damages. The personal belongings are not covered by the insurance.

Conditions of cancellation

If the Charterer for any reason is unable to take the possession of the yacht, he can, if previously agreed with the Charteree, find another person who shall instead of him undertake all rights and obligations deriving from this Contract. If a substitution for the Charterer can not be found Charteree shall retain:

  • 35% of the amount of charter fee for cancellation up to 2 (two) months before the charter starting date
  • 50% of the amount of charter fee for cancellation up to 1 (one) month before the charter starting date
  • Total amount of the charter fee for cancellation within the last month before the charter starting date

If cancellation is due to objective reasons (death of family member, heavy injury, or other) the accepted deposit shall not be paid back, but the Chartereer will give the yacht to the Charterer at his disposal for another free period of time or within another season.

Complaints

Only written complaints, signed by both parties on the occasion of return of the yacht will be taken into consideration.

Arbitrations

All the possible disagreements or disputes arising from/or in connection with Charter party will be tried to settle by peaceful agreement and consensually.

Eventual cases, which cannot be solved peacefully, will be under court’s jurisdiction in the Charteree’s residence.

Villas conditions

Payment method

The booked service can be used only after the payment was regularly settled:

  • 35% of the booking fee (down payment) upon booking (within 5 days, unless otherwise mentioned in the offer )
  • 65% of the booking fee 30 days before commencement of the service.( unless otherwise mentioned in the offer)

Only bank transfers are accepted!

Confirmation

Once the online payment is processed, you will receive a confirmation of the payment on your e-mail address. The booking confirmation (VOUCHER) has to be taken to Croatia for your registration and key delivery. 

Security deposit

The security deposit has to be made when taking over of the villa. The security deposit shall be refunded in its full amount unless the existence of damage or a defect on the villa or the equipment is found during the check-out.

In case of loss of or damage on the equipment, particular parts of the villa the owner of the property shall retain the amount (a part or the whole deposit), which corresponds to the value of repair, acquisition and / or purchasing the equipment or particular part of the villa.

Cancellation policy

If you would like to cancel your payment, it is necessary to contact us in written on info@arca-travel.com and to explain reasons for the cancellation. The following cancellation terms appy: Cancellation fees:
until the 42. day: -> 30 % of rental price
until the 28. day: -> 60 % of rental price
until the 1. day:   -> 90 % of rental price

No show:   -> 100 % of rental price

Accommodation from our offer

Arca Travel’s accommodation offer consists of units owned by our contractual partners – lessors on for whose account Arca Travel sells capacities on the tourism market.

Maximum number of people

The accommodation units from our offer may only be accommodated by the maximum number of people listed in the description of the reserved accommodation unit posted on Luna Rossa’s Web pages. The same applies to children, regardless of their age, with the exception of facilities allowing another child under the age of three free of charge. The guest is asked to mention this fact while booking. It is also forbidden to place tents or caravans on the land belonging to the facility. In the event of exceeding the maximum number of people or placing a tent or caravan on the facility’s land, the owner may charge a fee per extra person or remove the extra people from the estate, i.e. demand the removal of the tent or caravan. If the guest ignores the request, everyone will be removed from the estate and no refund will be made.

If you have infants – baby cots and high chairs will be provided if possible but under prior request.

If the property allow pets you will be also able to select the number of pets. The pet cleaning charge will be automatically added to the displayed total. The charge depends on the villa and it can be from 5 to 10 euros per pet per day.

Size of the facility

Our associates have personally visited each facility in our offer. With listed facility sizes it is always about external dimensions and consequently there’s a possibility that the internal dimensions may be up to 15% smaller than the ones listed.

Pets, bugs and allergies

Despite thorough cleaning and maintenance of our facilities, occasionally a bug or mouse may be found who got there from their natural habitat where the house is located. Arca Travel cannot be held responsible for this. Although pets are not allowed in all facilities, this does not mean that there have never been any pets in the booked facilities. Arca Travel does not take any responsibility for the guest’s allergic reactions in certain facilities.

Noise

When selecting facilities from our offer, we always make sure we select facilities located in good, safe and quiet areas. Despite this, we cannot guarantee that there will be no noise during the guest’s stay, because we cannot affect or control things such as traffic noise, noises from nearby construction sites, noises from infractructure works (water, electricity, sewage etc.) etc. Neither the owner nor Arca Travel can be held responsible for noises coming from the facility’s surroundings.

Swimming pool

In the event of the facility having a swimming pool, the guest is obligated for safety reasons to stick to every advice of the owner or Arca Travel. Using the pool is exclusively at your own risk. Children can use the pool only with an adult present. It is strictly forbidden for pets the use the swimming pool.

Youth groups (till 28 years of age)

In case that at the arrival is determined that a youth group has arrived in a house which doesn’t allow such groups (clearly stated in the description of the house on Arca Travel’s website) following rules will be applied:
The breackage deposit will be increased on 100,- € per person – to be paid in cash on the spot. The guests have to strictly respect the house rules which they’ll find in the house with an emphasis that loud music and partys are forbidden during the whole day and night.The house rules wil be sent to the client on request.

In case the clients should not respect the house rules, the owner of the hosue will warn them only once. In case the clients should continue not to respect the house rules or cause material damage in the house, the house owner has the right to ask the clients to live the property without the return of the deposit, nor the paid amount for the accommodation.

Features of the accommodation units

In many facilities from our offer guests have many features at their availability such as a washing machine, dishwasher, fridges, microwaves, DVD players, television sets, satellite receivers, a telephone, internet access, swimming pool etc. They can freely use these features, but Arca Travel cannot be held responsible if one of these features unexpectedly stops working during the guest’s stay. This also applies to sanitary facilities and installations.

Complaints

It is the guest’s obligation to consciously handle the unit and its inventory. On the day of departure, the accommodation unit must be in the same condition as it was when the guest arrived. In the event of the accommodation’s condition differing from its condition when booked, the guest must immediately notify the person in charge of the keys. If visible irregularities are not reported immediately after arriving, it will be thought that the unit was handed over in proper condition. If any irregularities occur during the guest’s stay, it is their obligation to act in the same way. In the event of the owner or person in charge of the keys being unable to rectify the irregularity within a reasonable period, it is the guest’s duty to inform their agent or Arca Travel’s employee. If the guest voluntarily leaves the facility or finds other accommodation without giving Arca Travel time to resolve the issue causing the guest’s dissatisfaction, the guest loses their right to receive compensation regardless of whether their reasons for departure were justified or not.

According to Article 6, paragraph 3 of the Law on Provision of Tourism Services (NN 130/17) we inform consumers that complaints or complaints about the quality of the services provided can be delivered in writing or by e-mail at info@arca-travel.com

Should the services provided not be satisfactory, the customer is entitled to seek reasonable compensation by filing a written complaint. Every customer is entitled to file a complaint if the paid service is not provided. Every customer – reservation holder, files a separate complaint.

Complaint procedure:

The guest is required to complain to the service provider about the inadequate service immediately on the day of his/her arrival and to notify Arca Travel’s office on e-mail: info@arca-travel.com. Furthermore, the guest is required to cooperate with Arca Travel’s representatives and the service provider in good faith in order to rectify the problem. If the guest refuses to accept the solution that is in accordance with services paid for, Arca Travel is not required to accept any further complaints referring to this service.

The maximum compensation per complaint can amount to the cost of the part of the service(s) in the complaint. It cannot amount to the total paid to Arca Travel and cannot include services already provided.

The parties commit to seek to resolve any disputes by mutual agreement, and if this is not possible, in the event of a legal dispute the court in Rijeka has jurisdiction and the law of the Republic of Croatia is applied.

Cruise conditions

Payment method

The booked service can be used only after the payment was regularly settled:

  • 35% of the booking fee (down payment) upon booking (within 5 days, unless otherwise mentioned in the offer )
  • 65% of the booking fee 30 days before commencement of the service.( unless otherwise mentioned in the offer)

Only bank transfers are accepted!

Confirmation

Once the payment is processed, you will receive a confirmation of the payment on your e-mail address. The booking confirmation (VOUCHER) has to be taken to Croatia for your registration.

Cancellation and refund policy

Full payments are partially refundable – if cancellation is made at least a month prior to the scheduled departure date you will receive a partial refund depending on the selected cruise and bank expenses deducted from full amount.

Full payments are partially refundable depending on the date of cancellation and are subject to Arca Travel cancellation conditions:

From the day of confirmation up till 30 days prior to arrival –35% advance payment
21-15 days – 50% of the balance
14-0 days – 100% fee
Above cancellations periods are valid unless otherwise mentioned in the offer

Customer reservation change

It is possible to make some changes to the booking after payment in full or deposit payment but such changes are possibly only with a fee.

Name / Date change – 20 eur per person (valid only if the change is done up till 30 days prior booked departure, otherwise regular cancellation clause will be applied).

Special note for all cruises


  • The Captain reserves the right to change the route in case of bad weather conditions

  • Guests have to follow vessel rules (found in written form on the vessel) especially with regards to bringing drinks on board and in case of inappropriate behavior captain reserves the right in asking clients to disembark .

  • Departures are guaranteed. Agency reserves the right in cancelling departures with less than 10 participants and changing vessel name if need arises.

  • Agency will not be held responsible for any accidents that may occur onboard and insist that clients are informed of this and the need for extra observation and caution whilst being onboard or walking between vessel(s) and mainland.

  • Due specific mooring conditions and requirements in some Croatian ports, vessels are moored side by side, making it necessary for the clients to cross from one vessel to another with gaps in between vessels in order to get to the shore. In such cases clients need to take special care when crossing and do this at their own risk. Crew assistance will be given to those needing and requesting it.

Vessel rules


  • Passengers on board are obliged to abide to the vessel rules, as captain is responsible for the safety of all passengers and the crew. Captain has the right to change the itinerary in case of bad weather or similar inappropriate conditions in ports to ensure safety on board.

  • Passports are to be handed to the tour manager for registration on the first day of the cruise.

  • Jumping or diving from the vessel during navigation is strictly forbidden. For safety reasons climbing on the masts is also forbidden.

  • During rough weather, movement should be done with care and as little as possible. The floors can often be wet and slippery. Passengers should take extra care crossing between the vessels when they are docked together in port. Do not hesitate to ask a crew member for assistance when crossing. Movement between the vessels are at the individual’s responsibility.

  • Due specific mooring conditions and requirements in some Croatian ports, vessels are moored side by side, making it necessary for the clients to cross from one vessel to another with gaps in between vessels in order to get to the shore. In such cases clients need to take special care when crossing and do this at their own risk. Crew assistance will be given to those needing and requesting it.

  • SAFETY MEASURES: All vessels have passed the safety regulations test for current year conducted by Croatian vessel registry, in order to receive the sailing permit.

  • Safety vests are placed under the seats in the dining area or in the cabins (depending on the vessel).

  • As the vessels are explicitly acoustic all passengers are asked to behave accordingly. Special attention must be given to night peace on board, which officially is at midnight. In National Parks even earlier night peace is required and guests will be notified of this.

  • Clients are responsible for looking after their personal belongings whilst travelling. The Operator cannot be held responsible for any personal belongings left behind or damaged on any trip irrespective of the circumstances.

  • Please keep your valuables and money locked in the cabin. The crew cannot be responsible for any lost personal belongings. In case you want to leave something in the safe, and there is no safe in your cabin, please ask the Captain to store your valuables.

  • Smoking in the restaurant area and in the cabins is not allowed. There is a designated smoking area on deck and passengers must not throw cigarette butts in the sea.

  • Bed linens must not be taken out of the cabins.

  • Passengers are not permitted to bring drinks and food on the vessel. This includes all drinks and food products purchased on shore in ports of call. The only exceptions are: personal care products, liquid medicine, food products specifically for infants and food products for special diets. Typical regional products purchased during visits to the ports will be stored on board to be returned to passengers at the end of the cruise.

  • Please take special attention not to throw anything into toilets (for example cotton, hair, wet wipes, female hygiene products) except toilet paper.

  • Guests are obliged to respect meal times on board, which are noted on the info board in the salon, as well as departure times to next port.

  • Any damage made by the passenger must be compensated to the captain. Lost cabin keys will be charged 150 HRK/key.

  • It is strictly forbidden to throw rubbish into the sea.

  • Water is a problem on every vessel, therefore please be very rational with it. The same applies to the electricity which runs on the generator.

  • Guests must close the portholes in cabins under deck during navigation, to avoid their cabins getting wet by the sea water entering cabin through the porthole.

  • The captain and the crew will be available for any questions or queries and will do their best to make your stay on board a most pleasurable one. If captain and his crew are not providing satisfactory service, please contact our office for further help, as our aim is to make you satisfied during your stay on board.

  • Service charge is not included in the price and therefore please tip at your own discretion

Complaints

Any complaints regarding service on board have to be given directly to the vessel on the spot, and through the official representative on board. Complaints have to be certified by the vessel, written in vessels complaints book and sent to Arca Travel within 15 days from the customer’s departure. On the contrary, such complaints will not be taken in consideration.

According to Article 6, paragraph 3 of the Law on Provision of Tourism Services (NN 130/17) we inform consumers that complaints or complaints about the quality of the services provided can be delivered in writing or by e-mail at info@arca-travel.com

Should the services provided not be satisfactory, the customer is entitled to seek reasonable compensation by filing a written complaint. Every customer is entitled to file a complaint if the paid service is not provided. Every customer – reservation holder, files a separate complaint.

Complaint procedure:

The guest is required to complain to the service provider about the inadequate service immediately on the day of his/her arrival and to notify Arca Travel’s office on e-mail: info@arca-travel.com. Furthermore, the guest is required to cooperate with Arca Travel’s representatives and the service provider in good faith in order to rectify the problem. If the guest refuses to accept the solution that is in accordance with services paid for, Arca Travel is not required to accept any further complaints referring to this service.

The maximum compensation per complaint can amount to the cost of the part of the service(s) in the complaint. It cannot amount to the total paid to Arca Travel and cannot include services already provided.

The parties commit to seek to resolve any disputes by mutual agreement, and if this is not possible, in the event of a legal dispute the court in Rijeka has jurisdiction and the law of the Republic of Croatia is applied.