GENERAL TERMS AND CONDITIONS FOR INTERMEDIARY SERVICE IN PROVIDING
CHARTER ACTIVITIES IN TOURISM - RENT OF VESSELS AND ORGANISED TRIPS SERVICE
1. General provisions
1.2 General terms are integral part of the brokerage contract which is concluded between the broker and/or the lessor and/or the organizer from the moment of the competition of the brokerage contract, and user from the moment of confirmation of reservation.
1.3 The general terms and conditions are considered relevant both for the mutual arrangement of the contractual relations of the parties and in the event of any dispute between them, and it is considered that the lessor and/or the organizer have read and accepted the same terms by signing the mediation contract and the user by confirming the reservation.
2. Contractual relationship with the lessor of the vessel/excursion organizer
2.1 The broker and the lessor/organizer establish a contractual relationship by concluding the mediation contract by which the lessor/organizer is obliged to offer a certain number of vessels in his property with/without the organized trips, and the broker is obliged to offer them to the potential users with the right to charge the mediator fee if he connects the lessor/organizer and the user via its mobile application clickandtrip.hr or via its web page.
2.2 The broker has an obligation towards the lessor/organizer solely from the date of the conclusion of the mediation contract, and only in respect of those vessels explicitly mentioned in the application and/or the website.
3.1 Requests for the reservation of the vessel are received through mobile application or web page, and in exceptional cases via telephone.
3.2 By making the reservation, the user confirms he is acquainted with General terms and conditions which he has previously carefully read, and that he fully accepts them. In that way, all the things stated in this General terms and conditions become legal obligation for the user and for the lessor/organizer. The broker will provide the user with the appropriate promotional material or program in printed or electronic form, he will provide him with all the relevant information regarding the rental and/or excursion, and gives him or refers him to the general terms and conditions of the services that are an integral part of this contract.
3.3 When entering the registration, the user is obliged to provide all the data and documents necessary to carry out the prescribed procedure.
4. Price of the renal/excursion
4.1 Informative prices are published in the mobile application and on the web page of the broker in the HRK and euro currency, and they refer to the excursions offered from charter activities (one-day and multiple-day, as well as seven-day trips from Saturday to Saturday), and rental of vessels, but it is also possible to make the trips in a longer and shorter period.
4.2 Prices are subject to change without prior notice and are only given as an indication.
4.3 Depending on the model of the vessel for excursions, year of construction and rental season, the prices posted on the broker's website vary from model to model.
4.4 The final price is determined by confirming the reservation for a specific inquiry, and depends on the duration of the trip and the selected vessel.
4.5 When renting a vessel, the price does not include: security deposit, fuel, marina charges and berthing charges, sojourn tax and any other costs not previously agreed upon.
4.6 In the event that the price was changed after the confirmed reservation and before the advance payment has been paid, the broker undertakes to immediately notify the user about the change and, with his consent, submits a new calculation.
4.7 In the event that the price was changed after the partly has paid the cost/deposit the broker guarantees the same price determined by the offer issued for the trip for which the deposit is paid.
4.8 Payment is made at boat rental:
- 50% of the total price is paid during the reservation.
- 50% of the total price is paid at the latest 40 days prior to the contracted date of the beginning of the rental of the vessel.
- For reservations made less than 60 days before the start of the rental, the price must be paid at once in full amount.
The payment is made at the organization of the trip in the following manner:
- 100% of the total price is paid during the reservation.
- Payment in parts is only permitted when this is specifically indicated in the Offer of a specific excursion.
4.9 The payment of money reduced by commission is paid to the lessor, 1. And on the 15th Of the month with a start of 10 days.
4.10 By the first payment of the part of the amount or of the full contracted amount the user confirms that he is fully acquainted with all the characteristics and conditions under which the excursion/vessel is offered and that he accepts them. By the very act of deposit payment, it is considered that the legal relationship between the broker, the lessor/organizer and the user has been established and the broker is entitled to the payment of the mediation fee in proportion as defined in the Contract from the moment of deposit payment.
4.11 The user pays to the broker the total contracted amount of charter (excursion/rent) as stated in the Offer on the application, while all the other payments (down-payment-deposit, costs, fees, additional services, compensation for damages etc.) the user and the lessor/organizer pay directly to one another and to third parties without the participation of the broker, unless in cases when it is explicitly agreed otherwise.
5. Down-payment (deposit) when renting a vessel
5.1 When the vessel is taken over, the user/lessee leaves the required down-payment/deposit by reserving the funds via credit/cash as a guarantee that he will compensate for the loss of fuel in the tank, any losses and damages that might occur during the lease, including the damage not covered by the insurance policy.
5.2 The down-payment shall be returned to the user/lessee in full if no damage or defects on the vessel or its equipment are found on the return of the vessel or if there are no announced claims of third parties in relation to the lessee related to the lessee's use of the chartered vessel and if the vessel is returned at the agreed time at the agreed place, neat and clean, undamaged and with full fuel tanks.
5.3 In case of the loss or damage of the equipment, of one or more parts of the equipment, or shortage of the fuel in the fuel tanks, the lessor will keep the amount of down-payment which corresponds to the worth of repair, acquisition and/or purchase of the equipment or a part of the boat or the fuel difference.
5.4 Deposit depends on the category of the vessel and will be fully defined by the Charter agreement between the lessor and the user and with the General terms and conditions of the lessor.
6. Obligations of the broker in charter activities
6.1 The broker shall, in accordance with the concluded contract with the lessor/organizer, offer via the mobile application and the website the vessels on the market that may be the subject of the charter and connect the lessor/organizer and the lessee/user for the purposes of concluding and realizing the service.
6.2 The broker shall immediately upon the closure of the agreement put an offer of the charter services and the vessels for which the contract was concluded, and he will accurately and in a timely manner advertise the data in an agreed manner and in a manner usual for the activity he is performing.
6.3 The broker may, before and after the conclusion of the contract with the lessor/organizer, request that the person authorized to do so should have the inspection of the vessel and photograph it for the purposes of advertising.
6.4 The broker undertakes to inform potential lessees/users of the vessel's offer and give them accurate vessel information, pricing, accompanying costs as well as any other information according to the rules of the profession.
6.5 The broker is authorized and obliged to charge to the lessee/user the total price of the service including the mediation fee and immediately inform the lessor/organizer upon receipt of the first payment of the service, and then forward the entire difference.
6.6 The broker is obliged to be in contact with all contracting parties up to the boarding of the lessee/user for mediation and provision of all the necessary information regarding boarding, picking up, organizing trips and solving any other situations that may be of particular relevance to the realization of the service. After boarding, the broker may, if necessary, contact the parties for assistance in solving any difficulties encountered in the contractual realization, but has no obligation to be present when the ship is handed over or to resolve the complications.
6.7 The broker has the right to charge the intermediary fee at the organization of the trip from the moment of payment, and that is 6.5% of the down-payment (VAT included) when the payment of the price in the parts is allowed, that is 13% of the total payment of the price of the service on his account when renting the vessel, that is 16% of the total amount of the tour organization cost. The difference between the total amount of the service price and the intermediary fee shall be paid by the broker to the lessor/organizer account on every 1st And 15th day of the month with a 10 day start, with the receipt of invoice on the part of the lessor/organizer of the trip.
6.8 The broker has the right to charge the intermediary fee for chartering the vessel from the moment of payment, and that is 16% of the total amount of the service fee paid to his account. The difference between the total amount of the service price and the intermediary fee is paid by the broker to the lessor/organizer account every 1st and 15th of the month with a 10 day starting date of the user's payment receipt. The lessee issues the Account to the broker on the date of the agreed payment dates.
6.9 In the event that after the amount has been paid, the charter service (excursion and/or rent of the vessel) is not realized due to the mistake of the lessor/organizer (e.g. vessel defects, legal obstacles to the rental, withdrawal of the lessor, etc.) the lessor/organizer is obliged to provide the substitute vessel of the same or better characteristics and to provide it to the lessee/user through the broker in the contracted term.
7. Obligations of the lessor/organizer
7.1 The lessor is obliged to deliver the vessel at the agreed place and at the agreed time, technically correct, in good condition, with agreed equipment, clean with full water and fuel tanks and with valid documents required for navigation in accordance with the regulations of the Republic of Croatia.
7.2 The vessel must be fully prepared and capable of sailing and must comply with contracted conditions regarding the quality and category of accommodation facilities and equipment.
7.3 In case the lesser for any reason has not fulfilled the above conditions (for example, the vessel is incorrect, the quality of the vessel does not match the contract, the vessel is not cleaned, there is no contracted equipment, the water and fuel tanks are not filled, the vessel has no documents and other unlisted serious reasons the nature of which does not correspond to the contractual terms of the charter service or prevents its realization or endangers the safety of the lessee/user and other crew members) he is obliged to remedy it if it is possible to do so in the agreed time periods and bears the responsibility towards the broker and the lessee/user for violating contractual provisions.
7.4 If the removal of deficiencies requires any delay of boarding, the lessee has the right to choose:
- request directly from the lesser to provide him with another suitable vessel of the same or better characteristics within the agreed rental price, or
- require the lessor to cover the cost of accommodation of the lessee/user and the persons designated as crew members in the appropriate facility at the place of embarkation, until the deficiencies are removed, or
- to claim repayment of the amount the user has paid by the lessor/organizer for as many days as it was unavailable to use the vessel, and in the event that none of the above is possible or the offered replacement vessel does not meet the requirements of the lessee, the lessee has the right to reimbursement of the rent paid from the lessor/organizer reduced for the intermediary fee within 15 days from the date of termination of the contract. The intermediary fee is not refundable, but the right to reimbursement of the costs may be made by the lessee/user directly from the lessor.
7.5 In all of the cases referred to in paragraph 7.4 above, the broker shall not be liable for any delay or any liability for any damage to the user/lessee. The broker does not return the intermediary fee.
7.6 For all other demands (travel expenses, overnights, compensation for lost days and destroyed holidays, etc.), unless otherwise regulated in the previous paragraph, the lessee/user is not entitled to compensation from the broker or the lessor/organizer.
7.7 If due to the fault of the lessor/organizer the lessee/user requests another suitable vessel of the same or better characteristics within the agreed rental price offered in the mobile application, the broker is entitled to the payment of the brokerage commission and the finding of a new vessel, in which case the lessee/user has the right to claim reimbursement of the paid amount of the intermediary fee directly from the lessor whose fault has resulted in the inability to realize the rent.
7.8 In the event of damage or lack of a vessel or its equipment resulting from the natural wear of a vessel, the lessee undertakes to notify the lessor immediately.
7.9 The lessor/organizer must promptly remedy the deficiency or replace the equipment.
7.10 If the lessor/organizer repairs the defect in 24 hours, the lessee/user has no right to any compensation.
7.11 Neither the Lessee/user nor the lessor/organizer shall not be liable for any change or failure to perform the lease caused by force majeure (strikes, sanitary disturbances, natural disasters that could not be anticipated, intervention by competent authorities, terrorist actions, war, fire, explosions etc.) if they immediately informed the other Contracting Party in writing of the arising circumstances due to the higher cause. The notice can be made via the broker as well.
7.12 During the charter service, the lessor/organizer is obliged to use the advertising materials in the manner and in the amount secured and specified by the broker Click & Trip and use a sub-application that enables him to notify the broker Click & Trip about all changes, including a change in the cost of the service. Eventual demand for new advertising materials during the term of the contract will be charged to the lessee/user.
8. Takeover of the vessel
8.1 The vessels are given at agreed time at the agreed place.
8.2 The lessee shall be given the vessel directly from the lessor or his representative solely upon payment of the entire rental amount.
8.3 When picking up a vessel/arriving to take the vessel on which a tour is organized, the lessee/user agrees to submit a voucher to representative of the lessor/organizer as proof that the entire amount of the service price has been duly paid.
8.4 The lessee will be provided with a fully equipped and clean vessel, with full water and fuel tanks, which is also expected when the boat is returned, in case of boat rental.
8.5 When taking a vessel for rental, the lessee is obliged to check the condition of the vessel and equipment and determine whether the actual condition of the inventory and equipment is in accordance with the existing list which both parties then sign.
8.6 Any objections should be filed in writing before the start of the journey, and the broker should be notified about it.
8.7 Any concealed defects and disadvantages of the vessel and/or equipment that the lessor could not be familiar with when taking the vessel, as well as deficiencies and defects occurring after the boat was delivered and the lessor could not foresee them, do not give the lessee the right to demand a reduction in the rental price nor do they affect the brokerage compensation.
8.8 If the lessee, without prior notice, does not take the vessel when chartering the vessel within 48 hours of the agreed takeover time, the lessor is authorized to terminate the renting contract of the vessel with the retention of the leased amount on behalf of the profits. In this case, the lessee has no right to claim compensation, and the broker is entitled to compensation.
8.9 Prior to taking a boat when renting a boat, the lessor will ask for a documentation that makes it clear that the vessel will be operated by a person who is well-trained. If the person who is to operate the vessel is not capable to properly navigate the vessel according to the behavior of the sea, and for the purpose of preventing accidents at sea, and does not have valid documentation, he is entitled to cancel the rent with the 80% return of the paid rent. In case of cancelation, the mediation fee is not returned.
9. Obligations of the lessee/user
9.1 The lessee/user agrees that he and the crew members will have valid travel documents and will bear the costs of eventual loss and theft of documents during the journey.
9.2 If it has not done so when booking the vessel, the lessee/user agrees to provide the broker with a full list of passengers with full names, address, date of birth and type and number of valid identification passports at least 1 week prior to charter.
9.3 The lessee/user agrees that people who are not on the crew list will not be staying on the vessel.
9.4 If the lessee intends to operate the vessel when chartering a vessel, he/she is obliged to provide a broker with a copy of the official document proving that he is authorized to operate the vessel and confirmation of the passed radio navigation examination. The lessee who will manage the vessel himself guarantees the mastery of maritime skills necessary to operate the vessel on the open sea and agrees upon the demanding of the lessor to demonstrate them.
9.5 After the takeover of the vessel, the lessee shall bear all costs not included in the contract, as well as any costs of eliminating the damage and disadvantages caused during the lease and which are not the result of the natural wearing of the vessel.
9.6 Costs of removing minor damage, malfunctions and disadvantages caused during the lease as a result of the natural wearing of the vessel that are necessary for the continuation of the sailing shall be returned to the lessee by the lessor provided that the lessee has previously reached a written or oral agreement with the lessor regarding the technical and financial justification of repairs which should be taken. Costs of unauthorized repairs and replacement of parts and equipment are borne by the lessee.
9.7 The Lessee is required, along with regular daily notes, to keep notes of the damage and the course of eventual repairs in the ship's log.
9.8 If the damage to the vessel is caused by force majeure and because of that further lease is partly or completely prevented, or if the third party is guilty of damage, the lessee is not entitled to reimbursement of the costs or the intermediary fee but only to the reimbursement of the proportionate portion of the unused rent.
9.9 Leaving the territorial waters of the Republic of Croatia is possible only with the prior written consent of the broker and the lessor and after obtaining of all the necessary permits and documentation.
9.10 The lessee undertakes to comply with applicable laws, customs and other rules, take care of the vessel and its equipment, and obey the maritime rules and ethics.
9.11 The lessee is required to check the amount of oil in the engine every day. Damage and losses due to lack of oil in the engine are fully borne by the lessee.
9.12 The lessee undertakes to regularly monitor the weather forecast to avoid endangering the safety of vessels and persons and to avoid possible delays when returning.
9.13 The lessee undertakes not to give the vessel to a sublease or to give it to use to a third person, the vessel will not be used for commercial purposes, professional and night fishing or the alike, that crew members (including the lessee) will behave in accordance with applicable laws and other regulation in the Republic of Croatia, in particular comply with regulations regulating fish catches, underwater fishing, and that they will not retain on board anything of any archaeological value.
9.14 The Lessee agrees that the rental contract will be terminated by his/her fault if it is found that some of the crew members have violated some of the applicable regulations of the Republic of Croatia in which case the lessor can immediately take over the vessel and the lessee is not entitled to compensation for any expenses, and it is further expressly stipulated that the lessor will be exempt from any responsibility with the competent state bodies, that is that all the misdemeanor and criminal liability shall be borne by the lessee and crew members.
9.15 In the event of an accident or damage to the vessel or equipment during the voyage, the lessee undertakes to notify the lessor without delay by calling the telephone numbers contained in the vessel documentation and to undertake all the activities provided for by law and other marine casualty acts by the competent authorities of the Republic of Croatia (Harbour Master's Office, police, doctor).
9.16 If the damage and/or deficiency is caused by the gross negligence of the lessee or they are caused intently by the lessee, the lessee is obliged to pay all the possible costs and damages to the lessor.
9.17 According to the weather conditions, if sailing with the vessel with sails, the lessee is obliged to lower the sails in a timely manner and not allow for the vessel to sail with more load than is necessary for a pleasant cruise without excessive burden and effort for the ropes and sails. The lessee undertakes not to navigate in an area that is not well known in respect of the maritime charts available to the lessee or that he does not have the proper knowledge of the maritime charts of a particular area or other relevant material at his disposal.
9.18 The Lessee undertakes not to leave the harbor or anchor if the wind force is or is expected to exceed 30 knots or if the port authorities have prohibited the navigation or until the damage is removed from any vital part of the vessel such as a motor, sails, ropes, bilge pump, anchor winches, navigation lights, compass, safety equipment, etc., or if any of the aforementioned devices are not in the correct state. The lessee shall not leave the harbor or anchorage without sufficient fuel reserves and generally when the weather conditions or the condition of the vessel or its crew are unsafe or ambiguous.
9.19 The lessee undertakes to immediately notify the lessor and the competent authorities in the event of a vessel's disappearance or the disappearance of the related equipment, the inability to operate the vessel, seizure of the vessel, seizures or prohibited measures by government or third parties.
9.20 If the lessee does not fulfill his obligation, he/she is considered to be fully responsible for all consequences arising from it for the lessor, the lessee and third parties and he is personally responsible for them.
9.21 If the lessee is not able to establish contact with the lessor, he/she is obliged to notify the broker about the event who will inform the lessor about it.
9.22 Bringing the pets on a vessel is permitted only with the prior written consent of the lessor and the lessee has to inform the broker of such intention before confirming the reservation.
10. Responsibility of the lessee/user
10.1 For the damage caused by the actions and oversights of the lessee for which the lessor/organizer is accountable to the third party, the lessee is obliged to fully compensate directly to the lessor, whether it is material and/or legal costs resulting from such actions or omissions.
10.2 The lessee shall expressly and personally be liable for the vessel in the event of its seizure by any official body for inadequate or illegal actions undertaken during the use of the vessel during the rental period.
10.3 The lessee must not leave the harbor or anchorage if a damage or a failure has not been removed from any essential part such as engine, sails, ropes, bilge pump, anchorage equipment, navigation lights, compasses, safety equipment and alike, or if any of the said parts does not work properly, and he/she must immediately notify the lessor about it and follow his instructions.
10.4 The lessee will not leave the harbor or anchorage with insufficient fuel tank and when the weather conditions and the condition of the vessel or crew are generally unsafe or uncertain.
10.5 The responsibility of the lessee for all breaches of the rules of navigation and other regulations committed during the chartering period shall not cease at the expiry of the lease.
10.6 In the event that a harmful incident, accident, misdemeanor or criminal offense arise out of an act or omission of a skipper, the responsibility shall be borne by the skipper and the contracting party who engaged him, i.e. the lessee or the lessor.
11. Return of the vessel
11.1 The Lessee is obliged to return the vessel at the agreed time and at the agreed place, with a full tank of water and fuel, ready for further navigation, that is in the same condition as it was taken over. Return to the agreed place (marina foreseen for yacht return) in the evening hours the day before the vessel return is obligatory.
11.2 When returning the vessel, the general condition of the vessel and equipment is checked and a comparison of the inventory and equipment is done with the inventory sheet made at the time of embarkation.
11.3 The lessor must be informed if the disembarkation is for any reason not possible at the agreed place and at the agreed time. In order to prevent the delay of the lessee, it is recommended to return to the port of destination the day before the agreed time of return for the vessel, unless otherwise specified in the financial estimate/contract or unless previously agreed otherwise.
11.4 The lessee shall bear all the costs caused to the lessor due to exceeding the agreed term.
11.5 Upon expiration of the agreed return date, the lessee warrants that for every delay he will pay directly to the lessor:
- up to 3 hours of delay, the amount of daily rental
- for every delay over 3 hours, triple daily rental increased by any additional costs and lost profit which occurred to the lessor due to the delay of the vessel return.
- The delay cannot be justified with the poor weather conditions except in exceptional cases.
11.6 When a vessel is returned to a port that has not been designated as a landing port, the lessee shall pay directly to the lessor all the costs involved in the transfer of the vessel to the agreed landing port, a prescribed penalty for delay if it occurred and a compensation for damages not covered by the insurance policy which happened during the transfer.
11.7 The lessee undertakes to notify the lessor of all possible defects and damages. If a damage is caused on the underwater part of the vessel, a detailed inspection of the vessel is to be carried out by engaging the diver or a crane at the expense of the lessee.
11.8 Until the moment the vessel is returned to the lessor's property, it is considered that the vessel is in the lease of the lessee.
11.9 In case the vessel is not returned with full fuel tanks, the lessor will charge the fuel surcharge with the down-payment/deposit amount.
11.10 In the event of any damage to the vessel, the lessor has the right to keep the down-payment/deposit until the total volume and damage is determined, but not longer than 30 days since the return of the vessel.
11.11 The lessor shall notify the lessee of the amount of damage in writing before the expiry of that deadline, indicating the damage compensation with the amounts and, if the amount of the down-payment/deposit exceeds the amount of the damage, he shall return the difference to the lessee.
11.12 If the lessee has not requested or obtained the approval of the broker and the lessor for the extension of the lease and has not returned the vessel to the designated place at least 24 hours from the time of the return of the vessel, it shall be considered that the vessel is alienated and the competent authorities (police and insurer) shall be notified.
11.13 In case the vessel is returned messy and improper, the lessor will charge the cost of the special cleaning from the deposit.
12. Extension of the lease period
12.1 In the event that the lessee wishes to extend the rental period for any reason, he has to contact the broker and the lessor at least 48 hours prior to the expiry of the contractual lease and request written consent for the new time of disembarkation and the port of destination, otherwise the regulations regarding the delay of the return of the vessel will apply.
12.2 In case of an extension of the lease, the broker has the right to proportionally increase the brokerage fee.
13. Responsibility of the lessee in case of liability for damage
3.1 The vessel must be insured against liability for damage to third parties and from liability of third party up to the value of the vessel (obligatory insurance). The vessel must also be covered by a classic hull insurance in the declared value of the vessel for risks to the insurance policy.
13.2 The lessee, crew of the vessel and their personal property are not insured. It is a recommendation to the lessee to insure all persons who will be on board and their personal property before the start of the rental.
13.3 All damages and/or losses must be reported to the lessor immediately upon their occurrence. In the event of major incidents as well as when several vessels are in the question, it is necessary to report the case to the competent harbor master's office and to request appropriate documents from them.
13.4 Damages covered by an insurance policy that were not immediately reported to the competent authorities or insurers and for which there is no all necessary documentation will not be recognized in accordance with the terms of the insurance, and the lessee is liable for them in full capacity.
13.5 In case of damage to the vessel, the lessee is obliged to bear the costs in accordance with the existing insurance cover conditions, only to the extent of the deposit. Costs of damage to vessels and/or equipment caused by gross negligence and/or loss of one or more parts of equipment shall be borne by the lessee in full amount.
13.6 The lessor and the broker are not liable for loss or damage to the property of the lessee and crew members, deployed or guarded on board.
14. The right of the lessee to cancel the rental of the vessel/organized trips
14.1 If the lessee wishes to cancel the booked vessel for any reason, he may, if agreed in advance with the broker he finds a new user of the same reservation who is willing to take all of his rights and obligations within the same scope and under the same conditions. In this case, the broker charges only the costs caused by the replacement.
14.2 If the lessee has not found a new user, the broker will calculate the cancellation costs in the following way:
- 30% of the rent in case of cancellation 3 months before the start of the rental
- 50% of the rent in case of cancellation 1-3 months before the start of the rental
- 100% of the rent in case of cancellation 1 month before the start of the rental
14.3 In the event that the lessee unjustifiably terminates the rental after the takeover of the vessel, the lessor has the right to retain 100% of the total rental price and to charge the lessee for all costs (including lost profits) that may arise due to the cancellation.
14.4 If the cancellation is due to force majeure, i.e. objective reasons on the part of the lessee (death of the lessee or family member, serious health reasons, serious accident, etc.), which the lessee proves with the appropriate official document, the parties agree that the amount already paid will not be repaid, and the broker and lessor will put the same vessel or the vessel of the same characteristics at the lessee's disposal in the first free term or in the following season. Only if between the parties it becomes indisputable that the lessee cannot, for objective reasons, be able to use the lease, the broker and the lessor will return to the lessee, or in the case of his death to his legitimate successors with the presentation of the inheritance decision, the amount of the paid rent reduced by the intermediary fee.
14.5 Refund of money is made immediately after determining the exact amount that the lessee needs to be given and no later than 15 days from the acceptance of the termination. The payment is made exclusively to the account of the lessee and the payment expenses (bank charges) is borne by the lessee.
14.6 In the case of organized excursions, the lessee has the right to cancel without charge, within 48 hours of the booked reservation. If the reservation is canceled within 24 hours before the expiration date, 100% of the price is charged as a fee. In case of cancellation of the reservation, except in the above cases, the user is refunded 90% of the amount paid.
15. Objections and complaints
15.1 The complaint procedure is as follows:
15.2 On the day of arrival, the lessee must immediately report to the service provider the inadequate service and notify the Broker's office about it via the application or by e-mail or by telephone. The lessee shall cooperate with the lessor and the broker in good faith in order to remove the causes of the complaint. If the lessee on the spot does not accept the solicitation of the complaint that corresponds to the paid service, the lessor and the broker are not obliged to accept the subsequent complaint. If after the on-site intervention the problem has not been remedied, at latest 8 days after the return from vacation, the lessee is obliged to send a written complaint together with accompanying documents and photographs proving the grounds of the complaint to the lessor by e-mail or by post at the address of the lessor. Only complaints and appeals received in writing during check-out will be considered, signed by the lessor's representative. While the procedure is in process, in total the maximum of 14 days, that is 28 days after the complaint has been made, the lessee irrevocably abandons the mediation of any other person, arbitration of UHPA or other institutions, as well as providing information to the media. Likewise, the lessee abandons his rights to sue during that period of time. The highest amount of compensation per complaint can reach the amount of the advertised part of the service, and cannot include the services already used, nor the total amount of the arrangement. This excludes the right of the lessee to compensate for the ideal damage.
15.3 If the lessee has entered into a contract to organize a trip as a "last minute" or a "last minute" charter, then the lessee/user accepts all the risks of such a journey. These trips contain uncertain facts that the broker cannot influence, and the lessee has accepted such a trip primarily for a more favorable price and hence does not have the right to complain to the broker and/or the lessor.
15.4 The lessor and the agent cannot be held liable for possible climatic conditions, purity of the sea and sea temperature and the crowd in the destinations, and all other similar situations and events that may cause the lessee's discontent, and are not directly related to the quality of the reserved service.
16. Dispute settlement
16.1 In case of misunderstanding or dispute, the parties will endeavor to settle the dispute by peaceful means or by agreement, and in case of the impossibility of agreement, they agree on the jurisdiction of the competent court in Zadar, with the application of the law of the Republic of Croatia.
16.2 The general terms and conditions for chartering will take effect on the day of publication on the Click & Trip travel agency's website, they are made in Croatian and in all languages available on the agency's web site, and in the case of ambiguity Croatian text is applicable.