TERMS OF SERVICE

1. General Provisions

1.1 These General Terms and Conditions ("Terms") govern the relationship between EVERY BIT COUNTS d.o.o., Put Vrila 31, 21310 Omiš, Croatia, VAT: 55541722100 (hereinafter: "Malum Yachting" or the "Agency") and clients engaging in charter services provided or arranged by the Agency.

1.2 The Agency provides charter services as either a direct charter provider or as a broker connecting clients with vessel owners/providers. In either capacity, these Terms apply to all contractual relationships.

1.3 By making a booking request, payment, or using our services, the Client confirms acceptance of these Terms in their entirety.

1.4 If an individual contract or specific terms agreed between the Agency and the Client contain provisions that differ from these Terms, the provisions of that specific agreement shall prevail.

2. Definitions

2.1 "Client" or "Charterer" means any legal entity or natural person who books or uses charter services arranged by the Agency.

2.2 "Charter Company" or "Vessel Provider" means the owner of the vessel, charter operator, or entity legally authorized to operate and charter the vessel.

2.3 "Vessel" means any watercraft offered for charter including motor yachts, sailing yachts, catamarans, gulets, speedboats, or tenders.

2.4 "Charter Period" means the agreed duration of vessel use, from check-in to check-out.

2.5 "Charter Fee" means the total price for chartering the vessel for the agreed period, excluding additional services and expenses.

2.6 "APA" (Advance Provisioning Allowance) means funds paid in advance to cover operating expenses during a crewed charter.

3. Booking and Payment

3.1 Booking Confirmation

  • To confirm a booking, the Client must make an initial payment and receive written confirmation from the Agency.
  • All bookings are subject to vessel availability at the time of confirmation.

3.2 Payment Schedule

For all vessel types, the following payment schedule applies:

  • 50% of the charter fee due upon reservation confirmation
  • The remaining 50% due at least 4 weeks before charter commencement
  • For bookings made within 60 days of departure, 100% of the charter fee is due immediately

3.3 For motor yacht charters with crew, the following additional terms apply:

  • APA (25-30% of charter fee) due with final payment
  • APA covers expenses including fuel, food, beverages, port fees, and other operational costs

3.4 Accepted Payment Methods

  • Bank transfer to the account designated in the booking confirmation
  • Credit card (subject to applicable processing fees)
  • All payments must be made in the currency specified in the booking confirmation

3.5 Late Payments

  • If payment is not received by the due date, the Agency reserves the right to cancel the booking after a 2-day grace period and written notification
  • The cancellation policy will apply as outlined in Section 4

4. Cancellation Policy

4.1 Cancellation by Client

If the Client cancels the charter, the following cancellation fees apply:

a) When the Agency finds a replacement charter:

  • 0% of the charter fee if cancellation occurs more than 30 days before charter start date
  • 50% of the charter fee if cancellation occurs between 30 and 7 days before charter start date
  • 100% of the charter fee if cancellation occurs less than 7 days before charter start date

b) When the Client finds a replacement charter:

  • 0% of the charter fee if cancellation occurs more than 30 days before charter start date
  • 50% of the charter fee if cancellation occurs between 30 and 7 days before charter start date
  • 100% of the charter fee if cancellation occurs less than 7 days before charter start date

c) When no replacement is found:

  • 50% of the charter fee if cancellation occurs more than 30 days before charter start date
  • 100% of the charter fee if cancellation occurs less than 30 days before charter start date

4.2 Cancellation by the Agency

  • If the Agency cancels the charter for any reason other than force majeure, the Client shall be entitled to a full refund of all payments made
  • If the Agency cannot provide the booked vessel but offers a suitable replacement vessel of similar or higher standard, the Client is not entitled to cancellation without fees

4.3 Cancellation Insurance

Clients are strongly advised to obtain cancellation insurance to protect against unforeseen circumstances.

5. Check-in and Check-out Procedures

5.1 Check-in

  • The vessel will be available for boarding at the time specified in the booking confirmation
  • The Client must present all required documents, licenses, and crew lists at check-in
  • The Client must inspect the vessel thoroughly and sign the inventory list, acknowledging the vessel's condition
  • By signing the check-in documents, the Client confirms that the vessel is in good working order, clean, and fully equipped as specified

5.2 Check-out

  • The Client must return the vessel to the agreed location at the agreed time
  • The vessel must be returned with a full fuel tank
  • The Client must participate in a thorough inspection of the vessel with Agency personnel
  • Any damage, loss, or deficiencies will be noted and may result in charges against the security deposit

5.3 Late Return

  • Any delay in returning the vessel will result in a penalty fee of double the daily charter rate
  • The Client is liable for all costs and damages resulting from late return

6. Security Deposit and Insurance

6.1 Security Deposit

  • A security deposit as specified in the booking confirmation must be paid before embarkation
  • The deposit may be made by credit card pre-authorization or cash
  • The deposit will be returned within 7 days after the charter end date if no damage is found

6.2 Deposit Deductions

The following are expressly NOT covered by the security deposit and will be charged separately:

  • Tender, outboard engine, and water toys damage
  • Blocked toilets or waste tanks (€150 per incident)
  • Missing fuel (€4 per liter)
  • Lost inventory items
  • Damages due to gross negligence or illegal activities

6.3 Insurance Coverage

  • The vessel is insured against third-party liability, fire, theft, and natural disasters
  • Insurance does not cover:
    • Personal belongings of the Client and guests
    • Injuries to persons aboard
    • Damages caused by gross negligence or deliberate misuse
    • Damages to equipment or vessel parts while using the vessel contrary to instructions

6.4 Client Liability

  • The Client's financial liability is generally limited to the security deposit amount
  • In cases of gross negligence or deliberate damage, the Client's liability may exceed the deposit amount
  • The Client is advised to obtain personal travel and health insurance

7. Client Obligations and Restrictions

7.1 Vessel Operation

For bareboat charters, the Client or designated skipper must:

  • Possess valid licenses and certificates required by Croatian maritime law
  • Navigate in accordance with good seamanship practices
  • Comply with all applicable maritime regulations and laws
  • Maintain a ship's log recording all significant events

7.2 Restrictions

The Client must NOT:

  • Exceed the maximum number of persons permitted aboard
  • Use the vessel for commercial purposes or competitions without prior written consent
  • Sublease or lend the vessel to third parties
  • Navigate outside the permitted cruising area
  • Navigate in unsafe weather conditions
  • Allow pets aboard without prior written consent
  • Remove any fixed equipment from the vessel

7.3 Reporting Obligations

The Client must immediately report to the Agency:

  • Any breakdown, damage, or malfunction
  • Any accident or collision
  • Any boarding by official maritime authorities
  • Any inability to return to port by the scheduled time

8. Agency Obligations

8.1 The Agency shall:

  • Provide a seaworthy, clean vessel equipped according to the specifications
  • Ensure the vessel is insured as per Section 6.3
  • Provide necessary documentation for legal operation of the vessel
  • Assist with resolving technical issues during the charter period
  • Arrange for repairs within 24 hours of notification when possible

8.2 For crewed charters, the Agency shall additionally ensure:

  • Qualified crew with appropriate licensing and experience
  • Crew capable of communicating in English
  • Professional conduct from all crew members

9. Technical Failures and Repairs

9.1 Minor Defects

  • Defects not affecting safety or reasonable comfort do not justify termination of the charter
  • For repairs costing less than €100, the Client may arrange repairs and will be reimbursed upon presenting receipts

9.2 Major Defects

  • If the vessel is inoperable for more than 24 consecutive hours, the Client is entitled to pro-rata compensation
  • If repairs cannot be completed within 48 hours, the Client may terminate the charter and receive a pro-rata refund

9.3 No compensation will be provided for issues resulting from Client misuse or negligence.

10. Force Majeure

10.1 Neither party shall be liable for failure to perform obligations due to force majeure events including:

  • Extreme weather conditions or natural disasters
  • War, terrorism, civil unrest, or strikes
  • Government actions or restrictions
  • Epidemics or pandemics
  • Any unforeseeable circumstances beyond reasonable control

10.2 If force majeure prevents charter commencement, the Agency shall offer:

  • Rebooking for alternative dates within 24 months, or
  • Credit voucher valid for 24 months, or
  • Refund less administrative fees of 5%

11. Data Protection and Privacy

11.1 The Agency collects and processes personal data in accordance with:

  • The EU General Data Protection Regulation (GDPR)
  • Croatian data protection laws
  • The Agency's Privacy Policy

11.2 By accepting these Terms, the Client consents to:

  • Collection and processing of personal data necessary for providing services
  • Sharing relevant data with vessel providers, port authorities, and other necessary third parties
  • Receiving service-related communications

11.3 The Client may withdraw consent at any time for future processing by contacting the Agency.

12. Complaints Procedure

12.1 Any complaints regarding vessel condition or services must be reported:

  • Immediately to the base staff during check-in if regarding vessel condition
  • To the Agency within 24 hours of discovering any issue during the charter
  • In writing with supporting evidence (photos, videos)

12.2 Complaints not reported during the charter period may not be considered valid.

12.3 The Agency will address all properly submitted complaints within 14 days.

13. Jurisdiction and Applicable Law

13.1 These Terms and all charter agreements shall be governed by Croatian law.

13.2 Any disputes arising from or related to these Terms or charter services shall be subject to the exclusive jurisdiction of the courts in Split, Croatia.

13.3 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Final Provisions

14.1 The Agency reserves the right to modify these Terms at any time. Changes will apply to future bookings but not to confirmed bookings without the Client's consent.

14.2 The English version of these Terms is authoritative in case of discrepancies with translations.

14.3 All notices and communications must be in writing (email is acceptable) to be considered valid.

14.4 These Terms were last updated on February 20, 2025.

By making a reservation, payment, or using our services, the Client acknowledges having read, understood, and accepted these Terms in their entirety.

EVERY BIT COUNTS d.o.o.
Put Vrila 31
21310 Omiš, Croatia
Email: contact@malumyachting.com
Phone: +385 95 907 1990
VAT: 55541722100