10. SAILING TERMS

The Charterer undertakes and states that he shall sail within the limits of the territorial sea of the Republic of Croatia (every exception requires special written approval by Ban Tours), that he shall not sub charter the vessel nor lend it to third person, that he shall not participate in regattas nor vessel races, that he shall not use the vessel in commercial purposes, nor for professional fishing, sailing school and similar, that he shall not operate the vessel under influence of alcohol or narcotics, that on the vessel shall not be more persons than registered on the crew list, that he shall sail only during safe weather conditions and good visibility. The Charterer undertakes to respect customs and other regulations and rules. He also undertakes that he shall not convey persons and goods for a fee that he shall not sail in zones forbidden for sailing, that he shall carefully operate the vessel, its inventory and equipment and that he shall not be involved in towing of another vessel.

In case of distress or accident, the Charterer shall register the course of events, as well as ask for the attestation by the harbormaster, physician or authorized body. Ban Tours shall be informed of the distress without deferral. The damages of the underwater part of the vessel have as a consequence the vessel inspection, the costs of which shall be met by the Charterer. The Charterer undertakes to immediately inform the authorized bodies and Ban Tours in case of disappearance of the vessel, in case of impossibility of operating the vessel, as well in case of state organs or third persons seizing or confiscating the vessel or imposing measures of sailing prohibition.

In case of non-compliance with the obligations stated in this chapter, the Charterer is personally responsible to Ban Tours and he assumes liability for all the consequences. The keeping of pets (dogs, cats, birds and similar) on the vessel is not allowed, unless a previous agreement was reached in that regard. Taking into consideration the weather conditions, the Charterer is obliged to reef the sails in due time and not to allow that the vessel sails under strain on the set of sails bigger than the one enabling pleasant sailing without excessive strain on ropes and canvas. The Charterer undertakes he shall not sail in the areas insufficiently known, considering the nautical charts which he has at disposal or if he does not carefully study nautical charts of a particular area in advance or other relevant materials at his disposal, that he shall not sail by night without using all navigational lights and without adequate observation from the board. When taking the possession of the vessel, the Charterer is obliged to inform Ban Tours on the approximate sailing direction (itinerary). The Charterer shall not leave the port or the anchorage if the wind force is or is expected to be more than 30 knots, or if the port authorities have forbidden the sailing. The Charterer shall not leave the port or the anchorage until the damage is eliminated from any vital part of the vessel, such as motor, set of sails, ropes, bilge pump, anchor winch, navigational lights, mariner’s compass, safety equipment and similar or if any of the mentioned devices is not in working order. The Charterer shall not leave the port or the anchorage without sufficient fuel supply and when weather conditions or conditions of the vessel or his crew are unsafe or uncertain in general.

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