Terms and conditions

1. Definitions

In these General Terms and Conditions, the expressions herein bellow shall have meaning, as follows, whether they are written with capital or small letters; or used in singular or plural.
“Offer”: Offer of boats for rental published on web page Boating.hr
“GTC”: these General terms and Conditions
“Boating.hr”: Boating charter and service, limited liability company with legal capital in the amount of 2,654.46 EUR, headquarters at the address Migalovica 12a, 22211 Vodice, Croatia, registered at the Companies Registry of the Commercial Court under registration no. 05670888
“Boating.hr Commission”: Commission percentage included in the owners’ price, paid by owners as service fee. The amount of this commission may vary, depending on agreements contracted between and by Boating.hr and boat owners
“Fees”: Fees related to work of our platform that enable us to provide services, such as customers’ support during your voyage. Vat is included.
“Content”: Any text, graphics, images, video recordings, information or other materials assigned to Boating.hr by users or included in their lists or user accounts to make them available on web page
“Boat”: Any vessel listed for charter at the web page (sailing boats, motor boats, barges, catamarans, jet skis, etc.)
“Charterer”: Any physical or legal person that books vessel for charter
“Charter”: Charter of vessel by owner to Charterer, at berthing dock or at sea
“Extra Options”: All options accepted by the Charterer with the charter price (bed linen, cleaning, etc.)
“Start Date”: The first date of Charter when the Charterer takes control of the vessel or boards the Boat. Cleaning time, fuelling and arrangement of provisions before and after use are integral part of the Charter period mentioned in contract
“Record Prior to Use”: A document that describes the condition of vessel on the Start Date, executed by and between the Charterer and the owner (or their representatives) at the moment of vessel delivery. It has to be as complete as possible, accompanied by photos and comments, and signed by both parties prior to departure of vessel on a counterpart of contract provided by owner or via Internet page Boating.hr.
“Record after Use”: As precise as possible document that describes the condition of vessel at the end of the Charter period together with report on damages in the event of complaint
“Charter Fee”: Fee showed in listings, excluding Extra Options. Unless specified otherwise in the listings, the Charter fee does not include Boat’s berth at port or fuel
“Owners’ price”: A price freely determined by the owners at the moment of their advertisement placement, including Boating.hr Commission
“Real Owner”: Any physical or legal person (professional or private) or legal person that can prove legal ownership of the vessel upon the first request of Boating.hr and/or the Charterer. Furthermore, this relates to owners’ representatives, too, who need to prove the existence and scope of their authorization, all owners using our Service professionally, that have their commercial activity registered at the register of Companies in accordance with valid regulations on a local, regional or national level
“Service”: Service of mutual connection between owners and charterers in order to facilitate charter of boats at berthing dock or at sea and/or tool for management of bookings and payments among users
“Platform”: Web page www.boating.hr.
“User”: Any user of page and Service, whether owner or the Charterer
“Cancellation due to Weather Conditions”: Cancellation of bookings for a day or less due to special weather report

2. Acceptance of General Terms and Conditions of Use (GTC)

The Service and page are used subject to this GTC. The GTC represents a contract that regulates relations between the User and Boating.hr. It replaces all previous provisions and represents all rights and obligations of Boating.hr and the User with regard to their purpose. The parties agree that in the event of any inconsistency of information between the page and the GTC, the latter one shall prevail.

It is hereby considered that the Users have fully and unreservedly accepted these General terms and Conditions when they tick the box “I accept General terms and Conditions” during submission of their requests or offers.

If this box is not ticked, it will be impossible to use the service, as confirmed by our Users.

Boating.hr preserves the right to change General terms and Conditions of Use at any given moment, with changes entering into force as of the moment of their publication on the page. If Users continue to use the page, it means that they silently accept the latest updated version of the GTC.

3. Purpose of Providing Service

The Service consists of mutual connection of the Owners and the Charterers in order to facilitate charter of boats and management of payments among the Users.

All Users understand and accept that Boating.hr is and remains the third party in the contracts concluded between the Owners and the Charterers. As such, Boating.hr cannot undertake to fulfil obligations of the users instead of them and cannot be held liable for any violations of contractual obligations by the Users.

In the context of relations between the Charterers and the Real Owners, the charter contract executed by the Real Owner shall prevail over the one provided by Boating.hr.

All Users undertake to comply with the provisions, terms and conditions in the contracts provided by the Real Owners.

4. Access to Service

Users of the Platform Boating.hr undertake to provide the exact data. Boating.hr waives any responsibility with regard to the establishment of identity and data provided by the Users. In consideration of transparency and prevention of fraud, Boating.hr may demand from the Users to provide formal identification or other data and to subject to other verification devised for Users’ identity and background control; or Boating.hr may check data bases of the third parties or other information sources.

4.1. Legal Capacity

The Service is intended for adult physical persons, with full legal capacity and legal persons that can unreservedly comply with this GTC.

4.2. Access/Availability

In order to use services of Boating.hr, the Users need to have valid e-mail address and cell phone number throughout their entire use of the Service.

5. Use of Service

In order to use services of Boating.hr, the Users need to follow the procedure shown on the page and/or sent to them by e-mail.

Only Users are responsible for confidentiality of their e-mail access codes. Boating.hr waives any responsibility if the Service is used by persons other than the Users or persons authorized by them, that are in possession of their registration data and passwords.

If the Users cannot remember their registration data or passwords, or if they are improperly used by the third parties, the Users undertake to notify Boating.hr by e-mail sent to the address toni@boating.hr, as soon as possible.

The Users undertake to update their contact data on the page if they change their e-mail address and/or cell phone number.

5.1. Offer Placement

All boat owners may freely publish one or more ads in order to offer their boats for charter, in accordance with the provisions of the Article 6.

Boat owners undertake to publish ads that precisely specify the services they offer (particularly price, condition of vessel, photos of vessel, etc.).

By ticking the box “I accept terms, conditions and provisions” at creation and posting of entry, owners understand and agree that their entry may be published on web pages or in applications of one or more companies in Boating.hr Group, including Google Business, Facebook and Instagram profiles of Boating.hr.

All boat owners are fully responsible for content published on the web page and for correctness and truthfulness of information contained in the Offer.

Real Owners of vessels are also reminded that they need to comply with the Consumer Protection Act and, in particular, to restrain themselves from misleading marketing practices, which are punishable according to legal regulations of the Republic of Croatia.

Misleading business practice is when persons claim to be the Real Owners and are not and if the Real Owners’ Offers include information that does not correspond to the real services offered.

Service provided by Boating.hr is limited to connecting owners and renters of vessels. Under such circumstances, Boating.hr cannot be held liable for misleading or incorrect entries.

Boating.hr does not provide guarantees for any Users, vessels or Offers.

The listing needs to contain at least three (3) photos of a vessel, specifying:

• Characteristics and location of vessel,
• Whether berth in home port is included in chartering and/or navigation contract,
• Qualifications of Users required for use in the event of charter or if skipper is required,
• Dates on which vessel is available,
• Daily Owners’ Price in accordance with the available dates,
• Amount to be paid per hour or day in the event of delayed return of vessel,
• Amount of security deposit required for vessel charter,
• All additional expenses (bed linen, cleaning),
• Terms and condition of cancellation of charter arrangement, as specified by the owner.

The owner freely determines charter fee and Owners’ price.

The Real Owners guarantee that the Owners’ Price is mostly equal to the publicly shown price on any other platform or publication or their own web pages.

In the Offers published on the web page, Boating.hr shall show Charter Fee that corresponds to total price in EUR to be paid by the Charterer, which includes (i) the Owners’ Price, (ii) and if applicable, additional expenses explicitly specified in the listing.

This Charter Fee includes all taxes, unless specified otherwise, excludes fuel expenses, unless specified otherwise in the Offer.

With regard to the Charter, the Users understand, confirm and accept that charter contract relates to the vessel only, excluding the berth booked by owners for their vessels in home ports, unless specified otherwise.

However, the Charterers are entitled to use this berth for chartered boats free of charge during the term of charter contract if this is explicitly specified the Offer.

5.2. Insurance

5.2.1. Owner

The owners undertake to offer for charter only vessels covered by insurance, regardless of the nationality of the Users, specified area of navigation and/or usual home port of the vessels.

Hence, the owners undertake to notify companies they provide annual insurance for their recreational vessels about their commercial charter activity.

Boating.hr may provide daily insurance through contract on insurance of recreational vessel against all risks, concluded with its insurance partner company.

The owners undertake this obligation at the moment of posting of their Offers.

Obligation is automatically applied every time the Boat is booked through the web page.

Complying with this obligation implies the Users’ complying with this GTC, particularly signing of charter contract, including Records Prior to and after Use of Vessel.

5.2.2. Charterer

At the moment of booking, Boating.hr offers to the Charterer, the possibility to contract additional personal insurance with the partner insurance company Generali osiguranje d.o.o. The Charterers confirm that they have read and understood all guarantees specified by the contract by ticking the box “I accept General Terms and Conditions of Use, Cancellation Terms and Insurance terms”.

5.3. Booking Offer for Charterers

On the web page, the Charterers select a vessel, the Charter Start and End Dates, and, if applicable, all Extra Options recommended by owners in the subject entry. This selection represents a booking offer (hereinafter referred to as the “Booking Offer”).

During their submission of the Booking Offer, the Charterers enter their bank data and undertake to (i) pay in advance the Charter Fee by their debit or credit cards (see Article 8), and (ii) authorize Boating.hr to request guarantee and deposit deduction form its bank accounts, in accordance with conditions from the Article 5.5.

Owners then have 48 hours at their disposal to accept or decline such booking. After this period, the Booking Offer expires and the Charterer shall not be charged.

The owners may accept or decline the Booking Offer at their discretion.

5.4. Boat Booking

The amount of Charter fee stays in the escrow account until it is paid to owners or until the refund to the Charterers.

After the amount of the Charter Fee is transferred from the account of the Charterer and the Charterer approves transfer of amount for security deposit, Boating.hr shall enable exchange of personal data of the Users. The Users undertake to use these data only in relation to the charter contract and shall not engage in direct contact, except for purposes of execution of the charter contract.

On the Start Date, the owner and the Charterer undertake to determine the state of inventory prior to use in the presence of both parties and jointly sign the charter contract.

On the charter or joint sailing end date, the owner and the Charterer undertake to determine the state of inventory after use in the presence of both parties.

If the Charterer does not show up at the agreed moment of vessel return, the Charterer needs to pay to the owner penalty fee, as specified in the Offer and/or charter contract.

5.5. Security Deposit

The owner may request a security deposit for the vessel charter.

The amount of such deposit shall be specified in the vessel listing.

Acceptance of the Booking Offer, including the deposit, automatically results in creation of unique security identifier that enables indirect identification of the Charterers by linking them to the bank account from which the Charter Fee and deposit shall be withdrawn.

This identifier represents pre-authorization for direct debiting. The subject that is in charge of security deposit is mentioned in the contract: they are either Boating.hr or the Real Owner. Boating.hr shall not be able to manage security deposits and charter requests if the contract specifies that the security deposit is managed by the Real Owner or that the amount of security deposit has not been entered and/or specified as zero (0) EUR.

The Charterers undertake to have sufficient amount of money for security deposit on their bank accounts at the moment of their submission of booking request and to maintain such sufficient amount on such account until Boating.hr close request file.

Tool for management of security deposits shall be provided by Boating.hr in order to facilitate financial transactions between the Users. The owners, who have deposits managed by Boating.hr, undertake not to request deposits from the Charterers.

In the event of charter executed between the Real Owner and the Charterer, the Real Owners are entitled to request security deposit in form of cash, credit card slip or by charging their credit or bank cards for the amount mentioned in the Offer.

Under no conditions can Boating.hr be considered liable if there are no sufficient funds on the account of the Charterer upon withdrawal of security deposit from such account, or in the event of misunderstanding between the Owner and the Charterer with regard to payment of security deposit.

The Users understand and accept that Boating.hr cannot act as mediator or arbiter in the event of any kind of dispute arising between the Users.

Within a period of twenty-four (24) hours after end of the Charter, the Real Owners may request from Boating.hr to open a request file if they notice any damage on their vessels, that was not included in the inventory after use. Exceptionally, this period may be extended in the event of invisible damage with submission of official proof that the damage can be attributed to the Charterer. This request has to be submitted directly on the web page and accompanied by charter contract signed by both parties, state of inventory before and after use signed by the Charterer, and photos or video recordings (dated) of damage or any other proof. In the Event that Records Prior to and after Use were not signed by the Charterer, Boating.hr preserves the right to open request file and claim guarantee upon analysis of the file.

The owners undertake to deliver all documents requested by Boating.hr for data processing of the file and select the most reasonable option of repair. Boating.hr may request from the owners to provide two contradictory assessments in order to secure correct estimate of repair expenses.
Boating.hr shall return the amount of security deposit to the owners only upon submission of final invoice or quotation, unless agreed otherwise by the both parties.

Bank expenses related to charge and payment of the entire or part of the security deposit shall be covered by the owners and deducted from the amount paid to them.

Boating.hr undertakes to investigate requests submitted by the owners in a reasonable period upon receipt of e-mail with such request.

All disputes arising between the owners and the Charterers, in particular those related to existence and/or imputability of damage and/or amount of compensation to be paid, have to be referred to the competent courts.

Under certain conditions, the Charterer can subscribe to safe security deposit refund option offered by Boating.hr. In such an event, exclusion clauses and options are applied.

5.6. Reviews of Users

All Users may assess other Users with whom they concluded charter contracts by writing comments and/or marking system. Only realized charter or joint sailing contracts entitle Users to post reviews.

Comments and marks shall be published on Users’ public profiles.

The owners shall be ranked according to the quality of comments and/or notes, frequency of bookings and speed of response.

The Users cannot delete comments written by other Users. However, they can reply to those comments.

The Users can also notify Boating.hr about all comments that are not in accordance with these General terms and Conditions by sending e-mail to ana@boating.hr.

Boating.hr preserves the right to delete comments that are in conflict with valid regulations (if they are racist, discriminatory, inconsistent with good behaviour or public order, etc.) and delete accounts of all Users who repeatedly post unsuitable comments.

6. Obligations of Parties

6.1. Obligations of Users

The Users undertake to:

• Use web page and the Service in accordance with these general terms and Conditions and valid regulations
• Provide truthful, lawful and objective information, in accordance with valid regulations (without insults, incitement to hatred, racism, etc.)
• Act in good will with regard to use of the Service and web page
• Use their data only for their personal use and it shall be considered that all actions performed from their identification interface were performed by themselves
• Regularly update their data by communication with support team of Boating.hr
• Never assign their data to the third parties or other Users
• Keep their identification data confidential
• Be able to prove, at any given moment, that they have licenses and/or qualifications specified on their profiles
• Comply with current administrative and health formalities
• Draft and sign charter contract on the Start Date, including list of inventories prior to use in the presence of both parties
• Sign the Record after Use on the end date of charter contract or on date of return of vessel in the event of delay in the presence of both parties, the Charterer may specify all objections to charter contract in writing at the moment of the Record drafting
• All Users are responsible for storing data that are viewed on the page on a memory device separate from the page in the event they might need them as proof, for accounting purposes, etc.

6.1.1. Special Obligations of Owners

The owners undertake to:

• Prove that they are owners of vessels at any given moment,
• Properly enter and/or register their vessels at the registries of competent authorities
• Offer for booking only vessels that were regularly equipped and maintained, passed seaworthiness tests, have safety equipment appropriate to their navigation category, possess modern equipment
• Deliver to the Charterers and competent authorities Special Verification Register in the event of inspection, if necessary
• Conclude insurance policy (liability or against all risks) and to maintain its validity during period of publication of their Offers, according to the terms and conditions of the Article 5.2, and to submit valid proof of insurance upon the first request of Boating.hr-a and/or the Charterer
• Verify identity of the Charterer prior to signing of charter contract
• Check if bank card used for payment of charter contract belongs to the Charterer at the moment of vessel charter
• Verify that the Charterers have licenses and/or qualifications for boat manoeuvring specified at the moment of booking
• Verify if the name on charter contract is the same as in personal documents and bank cards of the Charterers used for payment of charter contract on the Start Date
• Notify the Charterers about coverage that is not insured by their insurance companies in the Record and/or charter contract
• Provide charter contract, signed by both parties, and any other documents to Boating.hr, enabling Boating.hr to reply to payment cancellation procedure initiated by the Charterers at their banks. Boating.hr may demand refund of charters from the owners if they cannot deliver those documents.

The owners accept and undertake to fulfil their tax obligations at the competent authorities.

The owners understand that Boating.hr is not obliged to provide advice and cannot be held liable in that regard.

The owners are obliged to issue an invoice for rendered Service upon the first request of the Charterers.

The Real Owners also undertake not to redirect and/or dissuade the Users from the Service and not to conclude charter contract directly with them, but only via booking through the page.

6.1.2. Special Obligations of Charterers

The Charterers undertake to:

• Have the amount of security deposit, if applicable, on their bank accounts, from the date of Booking Offer until 24 hours after the end date of the Charter
• Be owners of bank card used for booking of vessel
• Check vessel condition prior to signing of charter contract, validity of seaworthiness tests, existence of modern and safety equipment suitable for navigation category of the vessel
• Check Register of Special Examinations, if necessary
• Notify Boating.hr, via communication channels, 2 hours prior to commencement of charter contract, about any dispute/discordance with regard to entry and/or the Boat in order to request blocking of payment for the time the Users in matter need to decide whether they want to cancel booking, according to the conditions from the Article 7, or to proceed
• Pay all fines arising during the Charter upon the first request of the owner
• Possess licences and/or qualifications that correspond to the Boat and plan of navigation
• Show up at a time agreed for booking in order to meet the owners or their representatives
• Sign contract at check-in and take over the vessel
• Take aboard only safely recommended number of persons corresponding to the vessel safety equipment, skipper included
• Use vessel in a responsible way for pleasure, in accordance with valid maritime and customs regulations, excluding any kind of commercial and professional fishing, transport, towage or other actions
• Be capable with regard to health for the boat navigation/manoeuvring
• Return vessel to the owner with all equipment and in the same condition as on the Start Date, clean and properly operating, at the agreed time
• Return vessel with the same amount of fuel as at the moment of takeover, unless specified otherwise at the check-in with the owner
• Return vessel to departure port, unless specified otherwise

The Charterers accept and undertake to comply with their tax obligations, in accordance with their status. For that purpose, Boating.hr provides electronic links to various administrative pages available from Users’ accounts so that the Charterers may comply with these obligations if necessary.

6.2. Obligations of Boating.hr

Boating.hr undertakes to invest all efforts in order to:

• Enable functioning of the page, in accordance with the Article 9 herein bellow
• Respond to the Users’ requests related to the Service as soon as possible
• Pay amounts owed to the owners according to conditions from the Article 8 via bank transfer to bank accounts of the Users
• Pay the amount of security deposit to the owners, according to the Article 5.5 via bank transfer to bank accounts of the owners
• Pay compensation to the Charterers, if necessary, according to conditions from the Article 7
• Allow the Users to receive invoices for commission issued by Boating.hr via their communications channels, as well as the document summarizing received gross amount for transactions executed by the Service and the page during previous year, which corresponds to the Owners’ Price reduced for Boating.hr commission and/or purchase of insurance, according to conditions from the Article 5.2.

7. Booking Cancellation

The Users need to notify Boating.hr about all cancellations in advance and in writing, via their communication interfaces, according to the cancellation procedure, described on the page.

Cancellation enters into force only after Boating.hr has send an e-mail with notification about cancellation.

7.1. Cancellations Due to Force Majeure

In the event of circumstances, that could be characterized as force majeure within the meaning of the Article 11, all Users may request (i) to postpone booking for a later date, or (ii) booking cancellation, after they provide proof to Boating.hr about the circumstances in writing, not later than 12 hours after the Start Date.

If charter contract was concluded for a period longer than one day, Boating.hr shall not return the Charter Fee, which is accepted by the Charterer.

Boating.hr cannot be held liable in this respect.

In the event of cancellation due to special weather forecast that makes sailing trips impossible, and if the booking was for a period of one day or shorter, Boating.hr shall, within a period of fourteen (14) days, return to the Charterer amount of the Charter Fee, reduced for Boating.hr commission, that shall be refunded as an authorization that expires in a year.

As a consequence, the owners shall not receive the amounts appertaining to them (the Owners’ Price minus Boating.hr commission).

In the event of booking with the Real Owners, weather conditions as a valid cause for cancellation no longer applies.

Hence, commercial conditions and provisions of the Real Owners prevail.

The Real Owners may offer a refund or a postponement to the Charterers, depending on their commercial terms and conditions.

In addition to a refund, the Real Owner shall return the Charter Fee reduced for Boating.hr commission, that Boating.hr shall compensate by a credit note valid for one year.

7.2. Cancellations Due to Owners’ Fault

The owners cannot request cancellation of accepted charter contracts, unless in the event of force majeure.

If the owners cancel bookings due to serious personal reasons accepted by Boating.hr, Boating.hr shall invest all its efforts in order to offer equivalent of the Boat to the Charterer in the same period.

In the event that no alternative solution is found, the Articles 7.2.1 and 7.2.2 shall be applied.

After two insulting or unjustified cancellations, Boating.hr preserves the right to delete user account of the owners, according to conditions from the Article 13.

Hence, fines shall be applied, as specified herein. Boating.hr shall automatically withdraw the amount owed from the next transaction of the owner through the page and the Service.

However, if the owners request booking cancellation because the Charterers are not able to provide proof of licenses and/or qualifications mentioned in their bookings, such cancellations are considered justified.

Under no conditions, the Charterers are allowed to request the refund of the Charter Fee. The owners shall receive the Owners’ Price reduced for Boating.hr commission.

7.2.1. Cancellations Due to Private Owners’ Fault

In the event that no alternative solution is found or in the event of justified request for cancellation submitted by the owners because of clearly insufficient skills of the Charterers, observed by the owners in real conditions on the Start Date (other than the Charterers unable to provide proof of licenses and/or qualifications), such cancellation shall also be considered valid.

The Charterer shall be fully refunded for the Charter Fee reduced for Boating.hr commission within a period of fourteen (14) days via bank transfer.

Private owner shall not receive the Owners’ Price reduced for Boating.hr commission.

7.2.2. Cancellations Due to Fault of Owners Legal Entities

In the event that no alternative solution is found or in the event of justified request for cancellation submitted by the owners because of clearly insufficient skills of the Charterers, observed by the owners in real conditions on the Start Date (other than the Charterers unable to provide proof of licenses and/or qualifications), such cancellation shall also be considered valid.

The Charterers understand and accept that the refund of the Charter Fee (reduced for Boating.hr commission) can be requested only directly from the owner legal entity, and that Boating.hr cannot be held liable in that respect. In such an event, the owner legal entity undertakes to compensate the amount of the Charter fee to the Charterer.

7.3. Cancellations Due to Charterers’ Fault

The Charterers can cancel bookings in accordance with terms and conditions of cancellation determined by the owners and specified in the Offer via links to options. Boating.hr undertakes to compensate the Charter Fee to the Charterer, in accordance with terms and conditions of cancellation, reduced for Boating.hr commission, within a period of fourteen (14) day at the latest.

In the event of the Charter with the owner legal entity, the owner’s terms and conditions of cancellation are applied, as specified in the vessel Offer.

7.3.1. Vessel Does Not Fit Description Published

If the vessel does not fit the description published by the Real Owner, the Charterers need to notify Boating.hr prior to commencement of the Charter, submitting all accompanying documents.

The Charterers need to decide whether they want or not to cancel their charter contract.

If they decide to retain their charter contract, they cannot request a refund of the Charter fee related to such booking under no circumstances.

If they decide to cancel their charter contract, Boating.hr agrees to refund the entire amount of the Charter Fee to the Charterer via bank transfer, without accepting any liability, within a period of fourteen (14) days.

If the Offer was published by owner legal entity, the Charterers understand and accept that they can only request a refund of the Charter Fee (reduced for Boating.hr commission) directly from the owner legal entity, without Boating.hr accepting any liability.

7.3.2. Malfunction During Charter

If the charter contract was concluded with the owner legal entity and there is a major malfunction of the vessel during the Charter, resulting in inability to use vessel, in accordance with its main purpose and if this malfunction means that the Boat cannot be used for longer than 23 (twenty-three) hours, the Charterer may terminate the contract. No other compensation of damages shall be considered. If malfunction occurs during one-day long Charter, this period is set at 2 (two) hours.

The Charterers need to decide whether they want or not to cancel their charter contract.

If they decide to retain their charter contract, they cannot request a refund of the Charter fee related to such booking under no circumstances.

If they decide to cancel their charter contract, and such cancellation occurs:

• Prior to payment of the owner’s price (reduced for Boating.hr commission) to the owner, Boating.hr accepts, without admitting any liability in that respect, to compensate full amount of the Charter Fee to the Charterer, in proportion between the booked period and unavailability of the vessel, by bank transfer within a period of fourteen (14) days after cancellation
• After payment of the owner’s price (reduced for Boating.hr commission) to the owner, the owner undertakes to compensate the amount of the Charter Fee to the Charterer within a period of fourteen (14) days after cancellation.

In the event that the Offer was posted by owner legal entity, the Charterers understand and accept that they can only request refund for the Charter fee (reduced for Boating.hr commission) directly from the owner legal entity, without Boating.hr accepting any liability.

7.4. Cancellations Due to Fault of Boating.hr

In some events, Boating.hr might need to cancel a booking (termination of collaboration with an owner, the Users’ failure to comply with the obligations, etc.).

In such an event, Boating.hr shall invest all its best efforts to offer equivalent alternative to the Charterer. If that is impossible, the Charterer shall be refunded for all paid amounts and Boating.hr cannot be held liable in any way.

8. Terms and Conditions of Payment for Charter Contracts

After owners accept booking, the Charterers pay the Charter fee for each booking in advance by debit or credit card via HT Pay Way system, protected by double firewall from unauthorized access.

Exceptionally, with explicit consent by Boating.hr, the Users may pay by bank payment order.

The Charter Fee is paid as one instalment.

Exceptionally, the Charterer may pay the Charter fee in two instalments if:

• The amount of the Charter Fee exceeds five hundred EUR (500 €), vat included; and
• The Charter package commences more than sixty (60) days after the booking.

In such event, the Charterer pays deposit, as defined by Terms and Conditions of Cancellations determined by Boating.hr, and the remaining part shall be paid thirty (30) days prior to the Start Date.

If the Charterer does not pay full amount of the Charter fee twenty-five (25) days prior to the Start Date, at the latest, Boating.hr shall automatically terminate the charter contract.

The Charterers shall not be refunded for the already paid amount of deposit, only in exceptional cases shall Boating.hr consider the refund request of the Charterers, and forward its decision in writing after consultations with the owners, within a period of three (3) bank days after submission of request.

Boating.hr undertakes to transfer the amount to the owners’ account, reduced for Boating.hr commission, within a period of twenty-four (24) hours after the commencement of the Charter, unless Boating.hr has not already been notified about a complaint, earlier than 01:00 P. M., on the boat delivery date. The actual receipt of funds depends on terms and conditions of transfer of commercial banks.

In addition to the Charter fee, Boating.hr shall apply terms and conditions of payment, as defined by the Real Owners. If specified so by the Real Owners, the Charterer may pay the Charter fee in two instalments, depending on terms and conditions of payment, established by the Real Owner.

After receipt of the Charterers’ payment, Boating.hr shall pay the Charter fee to the Real Owners, after deduction of Boating.hr commission from the first payment.

Hence, the Charterers accept that in the event of booking with the Real Owners they need to take measures directly against the Real Owners if they request a refund due to any reason.
Boating.hr shall issue an invoice to the owners for its commission.

In the event of the Charter from the Real Owner, the Charterers may request an invoice directly from the Real Owners.

8. Service and Page Availability

Boating.hr undertakes to invest its best efforts in order to make page and the Service available 24/7, without any breaks, except those required for corrections due to maintenance or updates.

We kindly ask the Users to pay attention to the fact that both, page and the Service, just like any other computer application, are subject to malfunctions, performance anomalies, errors and breaks, that can be caused by Internet connection.

Accordingly, Boating.hr cannot guarantee to the Users that page and the Service shall be permanently available.

Under no conditions may the Users have any claims against Boating.hr due to such malfunctions, performance anomalies, errors or breaks, even if they caused them any losses.

10. Liability

10.1. Limitation of Liability

Boating.hr reiterates that it is not to be considered a party in charter contracts concluded between its Users.

In the event of any claims, under no conditions can Users claim liability of Boating.hr.Boating.hr cannot be held liable for management of delays or any management of disputes arising between its Users.

Boating.hr cannot also be held liable for any lack of funds on bank accounts of the Charterers or for any discordances between owners and the Charterers related to payment of security deposits to owners.

Subject to exclusions of liability specified in these General Terms and Conditions of Business, it is hereby agreed that in any event and regardless of the grounds, the liability of Boating.hr related to page or the Service cannot exceed the amount that Boating.hr charged from the Users, except in cases of utter negligence or fraud.

Under no conditions can Boating.hr be held liable for any indirect damages, even if Boating.hr was notified about their possibility.

The Users confirm that the conditions of the Service price are based on these imitations and exclusions, and that Boating.hr shall not enter into any contracts without their inclusion.

10.2. Exclusions of Liability

In addition to events envisaged by this GTC, particularly by Articles 5.1 and 9, the liability of Boating.hr is excluded in the events that follow:

• Non-compliant or unlawful use of page and/or the Service by the Users
• Unavailability of page and/or the Service, in accordance with Article 9
• Hacking of page and/or the Service by the third parties
• Condition of vessels does not description in the Offer
• Non-compliance of administrative and health formalities by the Users.

Furthermore, Boating.hr cannot be held liable with regard to the Users’ compliance with their tax obligations or any other obligations in that respect.

10.3. Hypertext Links

The page may include links to other web pages or Internet sources. Boating.hr has no control over these pages and external sources whatsoever. Accordingly, Boating.hr cannot be held liable for availability of these pages and external sources and waives any responsibility for their content, advertisements, products, services and any other elements available on them. Furthermore, Boating.hr cannot be held liable for any damages or losses, proved or alleged, arising from or related to access, use or relying on content, goods or services available on these pages or external sources. Boating.hr is liable only for hypertext links it created. All difficulties related to links not created by Boating.hr have to be reported to the administrator or webmaster of the page in matter.

11. Force Majeure

The Parties agree that force majeure means, as follows:

• Weather forecasts of a type that prevents any sailing excursions
• Changes of laws and regulations
• Natural disasters, fires, storms, floods, wars and acts of terrorism, internal strikes, illness, electricity shocks, malfunctions of cooling systems and computer equipment, blockages and slowdowns of electronic communications networks, and, in general, any foreseen event beyond control of Boating.hr and the Users.

12. Confidentiality

Boating.hr undertakes to keep confidential all data collected during interaction with the Users.

Boating.hr undertake not to use any data collected from the Users for other purposes other than the Service, in particular, that it shall not sell such data to the third parties for commercial purposes, unless such use is prescribed by law or any other administrative authority.

13. Suspension/Termination

The Users confirm that Boating.hr is entitled to suspend access to the Service or terminate its contractual relation with the Users, or delete any user account immediately, via e-mail and without any further formalities for any reason, but, in particular, in the events of:

• Non-complying or unlawful use of the Service, particularly if there are problems with payment (including cases suspected of money laundering)
• Non-compliance with the GTC
• More than two booking cancellations, except in case of force majeure, according to the conditions from Article 7
• Extremely negative reviews by other Users or if the vessel does not fit description
• Interruption of web page operation and/or provision of the Service by Boating.hr.

Hence, the Users undertake not to create new user data after such suspension/termination.

The Users may revoke their user data at any given moment by sending e-mail to toni@boating.hr.

However, they undertake to accommodate and execute current or accepted bookings.

14. Personal Data

As specified in Article 5.2, Boating.hr can transfer personal data to one of its links, including Google Business, Facebook, Instagram business profiles, for the following purposes: for the Service of connection, management of payment between the Users, unveiling or investigating fraudulent or illegal activities and ensure compliance with applicable laws, accepted by the owners.

Data controller is Ms. Ana Kocijan.

In accordance with the Personal Data Protection Act, its decrees and the General Data Protection Regulation (GDPR), the Users are entitled to access, changes, corrections and deletion of their personal data, which they can request by contacting ana@boating.hr.

Boating.hr collect some your personal data in accordance with valid regulations and information specified in its Privacy Rules. You agree with such personal data processing and confirm if you continue to use this page.

15. Intellectual Property and Copyright

15.1. Intellectual Property and Copyright of Boating.hr

“Boating.hr” and logotype appearing on the page are registered trademarks and remain exclusive property of Boating.hr. License for use is not granted to the Users.

Boating.hr is owner of the right to intellectual property with regard to the Service and the page, particularly, with regard to software components, ergonomics, outlook, graphics, logotype and design of the page.

The Users undertake not to violate right to intellectual property of Boating.hr.

Only the Users are responsible for the Content and consider Boating.hr liable for any claims with regard to the Content or violation of rights of the third parties and valid regulations and undertake to compensate Boating.hr for all damages caused and for all legal expenses in that respect.

All Users grant non-exclusive right to reproduction, representation, modification, translation, adaptation and sub-licensing of the Content for free during period of copyright, on a global level, and on any other digital, analogue or paper media, for commercial or non-commercial purposes.

15.2. Intellectual Property and Copyright of Users and Third Parties

Boating.hr complies with the right to intellectual property and requests the same from its Users.

The Users undertake to comply with copyright of other Users and the third parties, as defined by the Intellectual Property Act.

Boating.hr preserves the right to deactivate or revoke accounts or access to the Users that violate or are repeatedly accused of violation of copyright and others intellectual property rights. Boating.hr shall resolve complaints with regard to violation of copyright committed by the Users after receiving report of the complaint by the submitter, who needs to send notification about alleged violation of copyright, in proper form, to karmela@boating.hr.

16. Cookies

When the Users access the page, cookies can be automatically installed and temporarily stored on hard disc of the Users’ computer in order to facilitate viewing of the page. Cookies are used for registration of information about use of the page (such as pages viewed, date and time of access, etc.). The Users are entitled to object to instalment of cookies by changing settings on their browsers. However, this will result in deletion of all cookies used by the browser, including those used by other pages, which can lead to change or loss of certain settings or information. Deletion of cookies may change viewing or make use of page more difficult for the Users.

17. Applicable Law

These General Terms and Conditions are regulated exclusively by Croatian law.

Boating.hr cannot consider any requests if there is no contract between the Charterer and the owner.

All requests need to be sent to Boating.hr, within a period of 24 hours as of takeover of the Boat, to e-mail: toni@boating.hr.

Boating.hr is not a party in the contract executed between the Charterer and the owner; its role is limited to providing assistance to both parties in reaching amicable agreement.

18. EU Platform for Online Resolution of Disputes

If n the event that users of the Service wish to refer their complaints to the third party, authorized for assistance in resolution of disputes of unsatisfied consumers in EU, we kindly ask you to use the link bellow:
EU Platform for Online Resolution of Disputes.