INCLOUDS (hereinafter: IC) is commercial name of the project, conducted by Under Heaven d.o.o., intended to provide services relating to boat charter as Agency-mediator. This website www.in-clouds-sailing.com is wholly owned and operated by Under Heaven d.o.o., a company operating worldwide, incorporated in Croatia, whose registered address is: Slaviceva 15, 21000 Split, Croatia, company tax number is OIB 84424586103, Euro VAT number HR84424586103. This terms and conditions govern the use of this website and the provision of the services provided by IC. Please read the following terms and conditions before using this website. In using this website, you agree to these terms and conditions of use. IC reserves the right to update these terms and conditions at any time without notice to you. It is important to take your time to read and understand the terms that will bind our relationship in respect of the use of our website, agency services, booking conditions, Social Media Channels, and any services whatsoever provided to you by IC. These General Terms& Conditions regulate the mutual rights and obligations related to services of accommodation on Vessels - yacht charter. These Terms and all stipulations stated in them shall be the subject of legal liability and be binding for the Client who charters the Vessels. By confirm of the booking intention or paying the advance payment, the Client confirms to agree with the Terms. All customers must be 18 years old or over and have the legal capacity to conduct such a transaction.
We arrange services related to accommodation on Vessels (boat charter), and other recreation sailing services as a disclosed agent for, but not limited to, Fleet Operators, Yacht Charter Companies, Cabin Charter Providers, Yacht Owners and Corporate Sailing providers (hereinafter: Operator). The Vessels are recreational Vessels listed in the fleets of various charter fleet operators, while IC operates as agency-mediator for booking of those Vessels in Clients favour. At all times IC materially act as agent. All bookings are based on a contract between you as the client and the operator. You may request a copy of this contract. It should be noted that IC acts at all material times as an agent only and any dispute arising will be between you the charterer and the operator. IC offers a goodwill, as is, support to customers making complaints against operators. This free service aims to mediate between client and the operator to bring about a successful resolution.
The standard terms and conditions of the Operator apply at all times. You may request a copy of the Operator’s terms and conditions at any time, but note that these Terms & Conditions are published on our web site.
After the charter of the Vessel has been agreed, which will be effective in writing only, the payments are to be done according to amounts, dynamics and instructions stated in the Pro-forma Invoice and accompanying documentation which IC has sent to Client.
In most cases payment is due:
Where payments are paid, we always pass appropriate sum directly to the supplier. We collect the funds for and on behalf of the operator and carry out no due diligence on your behalf.
The standard payment method is by bank transfer direct to the IC Account. Client accepts to pay full costs of the bank transfer charges. If IC is charged bank transfer fees, it will be considered that the payment is not fully settled, and Client will need to settle the remaining amount. Exceptionally, IC may allow other methods of payment, but in such cases Client could be charged costs or/and fees connected with those payment methods, which shall be stated in the Pro-forma invoice and Client agrees to them if choosing those payment methods. The Vessel can be taken over only after the complete amount for yacht charter and all contracted extra services has been fully settled. If either advance payment or balance payment has not been fully settled until above stated deadlines, IC or Operator shall be entitled to cancel the booking without any refunds to the Client. Once payment has been received, you will receive an acknowledgement on your client page and/or by email. This is always subject to confirmation by the financial institutions involved in the transaction. Once this transaction is complete, all details of the service will be provided, including but not limited to, instructions, guides, addresses, and contracts as required. Where payments are made in a different currency to the one which your holiday is quoted in, exchange rates apply. Second payments may move up or down as a result of fluctuating exchange rates. Delayed payments can lead to significant changes in pricing in your local currency.
The price for boat charter shall include the following: The Vessel equipped according to the presently effective inventory-list, such as auxiliary boat with oars, gas, as well as usual charter base services at the time of Vessel's delivery (check in/check out). Boat charter price shall typically not include additional services such as, but not limited to: food and beverages, fuel, costs for marina services and moorings, harbour dues, taxes, entrance tickets to parks, additional services. Yacht charter price usually includes VAT valid at the time of booking confirmation, however should the relevant VAT rate be increased by law prior to beginning of charter, IC reserves the right to charge the VAT difference. IC includes large part of its processing services in the offered charter price, however - in particular cases of bookings where IC has high processing costs, a small part of this cost may be charged to the Client as Operative Cost. In such cases, this Operative Cost will be separately stated on the Pro-forma invoice.
There are a number of additional costs of additional services or/and extra equipment (hereinafter: Extras) that may be applicable to your booking including, but not limited to, Advanced provisioning Allowances, Mooring Fees, Berthing Fees Fuel, Security Deposits, Staff Food, Gratuities, Insurance(s), Auxiliary Engine, One-way options, Transfers, Gennaker, Skipper. These arrangements are between you and the operator and we accept no responsibility for availability or standard of these extras. Extras are ordered in accordance with Price List of Operator that should be requested by Client and agreed prior to booking confirmation. We will always support our clients to get the best possible service and support. Client acknowledges that IC is not obliged to provide newly requested Extras after booking confirmation. But we do our best and undertake reasonable efforts to provide customer with addition Extras in such case.
Most contracts with Operators have a standard cancellation policy; this can be confirmed at the time of booking. We strongly recommend that you purchase relevant insurance to protect against unforeseen circumstances please check the terms of any policy carefully to ensure you have appropriate protection. Most Operators will allow you to change your booking either free of charge or for a small charge. Typically, this is on a case-by-case basis and cannot be guaranteed. IC does not make any charge in relation to supporting you with any changes. Should the booking be cancelled by the Charter Operator (e.g. due to severe damages on the reserved Vessel or any other unforeseen circumstances occurring to the Vessel), than the Client can only be remunerated by the Charter Operator according to valid Terms&Conditions of the Charter Operator.
Examples what most Charter-Operators would offer to Clients in such cases are:
Client acknowledges that in case when severe damages of the Vessel have occurred during the previous charter, or due to events such as Acts of God (or “vis major”) neither IC nor the Charter Opertor are objectively guilty for this and thus Client shalll aim to be cooperative towards finding appropriate alternative solution under the given circumstances.
Should the charter of the booked Vessel be cancelled by the Client, whater the reasons may be, the Client shall be liable to inform IC via mail about the cancellation without any delay whatsoever.
If skipper was reserved and cancelled by the Client, skipper fee has to be paid neverthelessss, according to the same percentage as listed above (in percentages). The same holds true also in case of a hostess or cook. Cancellation of skipper, hostess and cool is charged regardless of whether the Vessel booking was cancelled or not. The cancellation policy listed above reflects the most common practice in the charter industry. However, in some cases it may occur that the charter operator in its valid terms and conditions requires a higher percentage of cancellation fees. In such case, the percentage requested by the charter operator shall be applicable. In all cancellation cases, IC shall conceder the receipt date of information on cancellation as a basis for the settlement of accounts of the cancellation costs. From this date, IC shall be entitled to make the Vessel free for booking by other clients and shall have no further obligation towards the Client related to the cancelled booking.
Most Operators have a requirement about Security Deposit. This deposit must be given to Operator before taking over Vessel, in amount according to valid Price List of Operator. The Deposit may be given either in cash or with one of the credit cards accepted by Operator, all in accordance of the processes in the Operator’s base. Regulation of Security Deposit is fully under contract (operators T&C) between Client and Operator, without any liability or responsibility from IC side. Paying deposit is also obligatory in cases when Client hires a professional skipper from IC or the charter operator. In such case the deposit cannot be used for covering the costs which emerged due to skipper’s negligence, bad operation of the Vessel or its equipment. In the case if the damage has happened due to gross negligence of the Client, or behaviour such as sailing under the influence of alcohol or illegal drugs, sailing single-handed or sailing at forbidden times outside of approved areas, or participating in regattas without written approval of Charter operator, or similar breaches, the Client seal typically be liable even beyond the amount of the Deposit, including expenses connected to repairs and remunerations for lost charter income in the next weeks.
According to the industry standards, charter Vessels are normally insured with deductible franchise. The insurance usually does not cover damages of personal property of the clients and property brought to the Vessel and a deliberately caused damage, or any other damage caused by the clients lack of diligence. It is strongly recommended that upon booking, Client and all crew guests should contract adequate travel and health insurance packages for their travel arrangements.
If Client requires a skipper and/or a hostess and/or a cook and/or other professional crew aboard, it would be necessary to point it out during the time of confirmation of booking. If Client does not require a skipper, the copy of his/her skipper's license is to be sent on the occasion of Vessel's booking, for the verification and approval. In particular, Client acknowledges that the sailing license is a very important document on-board and is legally responsible for its accuracy and trustworthiness. If the license is not approved by Operator, the Client will be obliged to take a professional skipper. For some Vessels Operator may request that a professional skipper and/or other professional crew members are obligatory regardless of Client’s licenses. This will be indicated at the time of arranging the booking.
The Client must send a correctly filled Crew list, not later than 10 days prior to the first day of charter. The Client agrees that she/he is the main contracting party for the yacht charter, and that Client is responsible for the other guests on board. In particular, Client acknowledges that the sailing licence is very important document on-board and is legally responsible for its accuracy. Client is responsible for the accuracy of delivered Crew list information. It is Clients responsibility to ensure that all personal travel documents including but not limited to: passports, visas, inoculation records, etc. are in date and that you have adequate insurance to cover your trip. Further responsibility exists to ensure you are eligible to gain entry the country of travel including all countries to be transited, this responsibility extends to those travelling with you and liability is joint and several in this respect. Customers are responsible for making their own checks on the safety of any planned destination. If Client has booked the transfer (e.g. from airport), then sending detailed arrival and departure information at least 10 days in advance is obligatory.
Should the Client request a smaller change in the booking details (e.g. change of name or something similar), an administrative fee of 45EUR shall be charged to the Client as the usual practice of an operator. Should the Client request a change in the charter period of the booked Vessel, and/or change of the Vessel or base, or any other major change, the charter operator reserves the right to charge for the cancellation of the original booking. Alternatively, The Operator may choose to grant the requested change to the Client without charging the cancellation of the original booking, however in such case an administrative fee od 300 EUR shall be charged to the Client.
Should any damage emerge during the charter owing to usual abrasion of Vessel’s materials or ageing of equipment, the Client must inform the Charter operator immediately. In the case severe damages emerge, e.g. engine troubles, personal injuries, loss of Vessel, or any other similar accident would happen, the Client is liable to inform the Charter operator immediately, without any delay, and is obliged to obtain official documents and certification on the emerged incident by other parties (e.g. physician, port authority, experts in question etc.). Situations described shall be regulated and conducted according to valid processes and Terms&Conditions of the Charter Operator in question.
Not reported damages and damages with no recorded minutes will be considered as the result of Clients negligence, in which case should be paid by the Client. Should the Client want to prolong the charter, for whatsoever reason, he or she can inform IC of his or hers intentions, but firstly must contact the Operator. The Operator will inform back the Client if prolongation is possible, and if it is and the Client has paid for it, and take all necessary measures and paperwork for additional days, according to the industry standards.
The Client is obliged on the occasion of taking over the Vessel to give to the representative of Charter a document with all Clients data and charter appointment, with an insight into the original document of the skip per’s licence, and also an identification documents (e.g. passport) of all guests on board must be provided for the purpose of re-checking the Crew list.In the moment of taking over a Vessel, the Client shall examine the inventory of the Vessel along with the representative of Charter Operator, confirming the condition of the delivered Vessel with his signature. The same procedure is to be done with instruments on board. Any subsequent client’s complaint would not be accepted if the Client confirmed that the Vessel was in order and that the Vessel’s equipment was complete and in order as well.
If any of the Vessel’s part would be damaged or lost during prior charter (given it is not possible to obtain new Vessel part prior to the date of new charter), Client has no right to give up charter or to demand a reduction of the price - provided that the loss of above mentioned Vessel parts will not seriously affect the security of navigation. All above said Client acknowledges that that kind of situation is not under the influence of neither IC or the Charter operator, but solely are consequences of damages made by a previous client.
As is standard in charter business, the Vessels are to be delivered with a full fuel and water tank, and has to be returned in the same state.
Considering the Vessels are expensive property that require a certain level of skill to operate them, charter operator may require form Client or his skipper to demonstrate their navigation skills. The cost of the demonstration is to be paid by the Client as well as the time spend in the demonstration shall be included in the charter period of the Vessel. In the case that the skipper is not skilled enough, charter operator shall hire an officer skipper which one is to be paid by the Client according to the current price list. if the Client refuses to do so, he or she will be forbidden to sail out, the charter contract shall be considered terminated immediately, and the paid amount shall be kept without any rights of reimbursement.
The Client is obliged to sail in the sailing area which is stated in registration documents of the Vessel in question, and if he or she wants to sail outside of the specified territory, he or she is obliged to inform the IC of this intention prior of booking of the Vessel. This is necessary because the Vessel in that case has to be registered for that occasion. The Client shall be charged for the mentioned additional insurance and registration costs, as well as any other extra costs that may arise for IC or Charter operator due to his or hers request.
In the above mentioned case, a higher deposit may be charged. In the case of sailing outside the sailing area the Client should be prepared to organise Vessel’s maintenance and repairs on his or hers own, and on his or hers own cost. Charter operator shall advisee the Client in such case.
In the case of returning the Vessel to the operator and re-checking it according to the inventory list, the tank fuel is to be examined too, and if the tank fuel is not full as it should be, the Client shall be charged by the operator for the fuel calculated according to the maximum motor consumption for specific motor hours plus a service fee. The Client is obliged to pay to the operator any damages found on the Vessel according to Security Deposit of this Terms & Conditions. If the Vessel is returned in a good state and with full fuel and water tank, the deposit should be returned to the Client. In the case that the Vessel is returned to the port that is not stated as the destination port, the Client must pay to the operator all cost related to the transport of the Vessel to the destination port, including renumeration costs for the next client of the subject Vessel, plus a penalty fee. Penalty fee must be paid by the Client in the case he or she overdue. Bad weather is not a valid justification for not returning the Vessel on time, because it is necessary to keep the Vessel at an appropriate distance from the destination port during last 48 hours before charter ends.
The Charter operator is responsible for correctness of the accommodation of the Vessel, investment maintenance, current maintenance, as well as preparation of the Vessel for the charter. The Charter operator also does the check-in and check-out of the Vessels. The Charter operator may try to resolve the Clients wishes for some additional requests (early check in, longer explanations during check-in, special needs etc) for the satisfaction of theClient, but Client acknowledges that this is not a liability of the Charter operator, and can not ask for renumeration if such a special requests were not fulfilled or were fulfilled only partially. The Charter operator is obliged to bear all expenses towards the Client in the case of not fulfilling his obligation according to the Terms&Conditions of that Charter operator. The Client has not a right to a refund for delays or issues caused by Force Major (floods, earthquakes, thunders, fire, other natural disasters, wars, civil wars, terrorism attacks etc).The Client is aware that the IC is a different legal entity and separated from the Charter operator, and that IC is a mediator solely.
The Client acknowledges that IC acts as an agent, an Agency mediator between the Client and the Charter operator and thus, IC will provide to the Client the information on the type of the Vessel’s accommodation, its integral parts and possible additional costs (e.g.skipper) as well as assist the Client in obtaining most appropriate Vessel offers to meet Clients special needs, and to assist the Client throughout the entire booking process, and also to answer all relevant questions and provide all necessary information that will help Client to prepare for the charter. IC hereby obliges to inform the Charter operator about relevant booking information as well as to collect documents from the Client. IC also obliges to make payments to the Charter operator and perform all other agency necessary duties according to the business cooperation concluded between IC and Charter operator. Client acknowledges that the IC shall not be liable to pay to the Client any refund or loss caused by failure of Charter operator to fulfill his obligations, providing that IC has made appropriate payments to the Charter operator for chartering the Vessel, following the corresponding Client’s payments to IC.
The Client warrants joint responsibility for all crew members, guests on board. All consequences arising from the Client’s or his or hers crew or guests on board not respecting below listed liabilities are the joint and several responsibility of the Client and crew/guest on board. In case of breach of the clauses listed below or breach of other contractual obligations of the Client and/or its crew/guest on board, the Client acknowledges that the Charter operator may enumerate from the deposit and/or claim indemnity for full incurred damage.
According to the industry standards, the Client shall be liable: to be nautically and navigationally skilled for the charter or to accept skipper according to the effective Price list of the Charter operator; to have all required licences for operating the Vessel in case of bareboat charter; to avoid unnecessary burdening of mast, sails and ropes, i.e. to sail respecting the weather conditions; not to sail at night without approval of the Charter operator; not to sail single-handed without prior consent of the Charter operator; not to leave Vessel to the third party, to hold on to obligatory control intervals for the duration of cruising; to fully respect legal regulations of the host country; to promptly inform the Charter operator about any possible changes in crew members and passengers; to inform charter base manager about Vessel’s location in the case of sever weather; not to make excessive noise in marinas, harbours and other mooring locations; to respect privacy and night rest of occupants of the neighbouring Vessel and houses; to keep the crew list with the certificate of residence registration together with the Vessel documentation for the whole duration of charter; not to transport persons or goods for commercial purposes, or engage in any other commercial use of the Vessel; to have abroad exact number of persons, and exact persons as stated in the crew list; not to participate in regattas and competitions; not to operate the Vessel under influence of alcohol or any other illegal drugs, and not to have any illegal substance onboard; not to engage in fishing or any other submarine activities without a valid licence on board; not to bring pets aboard without consent of Charter operators undertake all safety precaution in order to keep the Vessel in good condition and avoid any damages or towing of the Vessel; not to leave the port if foreseen wind force estimated stronger than 25 knots, or if the port authorities issued a prohibition on leaving the port; to plan navigation route very carefully so that 2 days before the arrival the Vessel is at approximately 35 NM distant from the check-out charter base; in case of towing to conclude an award for rescuing prior to acceptance of help, unless prescribed others by Charter operator; to respect any other provision that is not listed above, but is listed in the Terms&Conditions of the Charter operator.
The Client hereby acknowledges that in some cases Charter operator may have different requests listed in its Terms&Conditions than the ones listed here - regarding the Vessel chartering. Client hereby obliges that for his obligations to the Charter operator the Terms& Conditions of the Charter operator will apply.
Because the contract for your travel arrangements is between you and the Operator, any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the Operator immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact us.
According to the common practice, complaints shall be accepted in writing on the date of taking over the Vessel (check-in). They must be signed by the Client and the representative of the Charter operator.
In the case of small damage issue that does not affect security of navigation, Charter operator will inspect the situation and if complaint is justified, organise all reasonable activities according to the industry standards to correct the issue (with no refund to the Client). In a case of cleanliness complain, the Charter operator will inspect the situation and organise additional cleaning if complaint was justified (no refund to the Client). In the case of larger damages which can affect the navigation Charter operator will inspect the situation and if complaint is justified, organise all reasonable activities to correct the issue - depending the time needed to correct the issue, Client will be remunerated by Charter operator according to relevant provisions of Terms&Conditions of Charter operator and according to the industry standards.
In the case of serious issues that could not been seen during the check-in, but were properly reported according to section “Damages during charter”, the Client may require indemnity latest during the check-out. In this case, he or she should file a complaint in writing signed by the both parties with all belonging documentation.
The IC allows a wide range of services to be requested. We are careful to taking into account all requirements and special requests. However, we cannot guarantee any of the stated requirement and cannot be held liable if any request is not met.
Having correct information is essential for us to maintain our service to you. You should, without limit, ensure we have the correct contact details and keep us informed of any changes. Whilst every effort will be made to check important details, IC cannot be held liable for creating travel documents from incorrect information.
Complaints are to be served in writing to email@example.com or our registered address. Please note that we can only address complaints about the services provided by IC. Complaints about the standard of the operators must be dealt with under your contract with them.
Offers displayed on the site are available at the time they were posted. Confirmation can only be made direct with a customer sales representative as to the latest availability You should enter into a contract with both IC and the service provider before relying on this booking. IC cannot be held responsible for any costs arising from believing a booking had been made before the deposit and the first instalment having been paid.
IC uses a variety of sources to create the very best options based on the information provided. This includes cross-checking numerous systems and databases and relying on information provided by third parties. It is possible that errors can emerge. Whilst we do everything we can to reduce the number of errors we reserve the right to amend any offer up to and include the payment of the first instalment.
The content on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent allowed by law, we, other members of the company group, and any third parties connected to us hereby expressly exclude:
The Croatian courts will have non-exclusive jurisdiction over any claim arising from, or related to, these terms or to a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. The terms in this agreement and in transactions connected with the site are governed by Croatian law.
The following terms apply to your general use of our website:
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website or services is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organization to material posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on our website for commercial purposes without obtaining a license to do so from us or our licensors.
Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a Legal offence under the Croatian Law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page without express written consent. We reserve the right to withdraw linking permission without notice.
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