Terms of Use – Nautika-nova

Nautika Nova d.o.o.
Horvaćanska 17a,
10 000 Zagreb
OIB: 95289406029

These Terms of Use apply to your access to and use of this Web site only. This Web site is intended for customers around the world to search and request bareboat, skippered yacht charter and other related services. By accessing or using this Web site you confirm that you read, understood and agreeing to these Terms of Use.

Limitation of Liability

Nautika Nova d.o.o. is not responsible for the use of this Web site or any other website associated with this Web site.

Links with other web sites

Nautika Nova d.o.o. has no control and is not responsible for the content of the information on third party websites or for the use of those sites, provided that access to these sites is enabled from this Web site.

Intellectual Property Rights

Applicable law

For these Terms of Use, the applicable law is Croatian law. Using of this Web Site is regulated by the applicable Croatian laws. Clients using this website and services offered on the Web Site, strictly agree to accept these Terms of Use and the fact that in case of any dispute that cannot be resolved in peaceful manner, the Court in Zagreb is exclusively authorized by jurisdiction to resolve the dispute.

Content

Information and content provided on this Web site, until booked and confirmed by us, serve exclusively as indication and guidance. We reserve the right to alter, correct, update and change provided information on this website at any time for the purpose of providing correct information and improved customer experience. We are not liable for any consequences or damages resulting from such changes.

Agency Nautika Nova

Nautika Nova d.o.o. is an agent for yacht charter companies and other clients (herein commonly referred to as final service providers), connecting interested parties with worldwide market for a purpose of concluding business transaction. Every bareboat, skippered yacht charter or other related service is provided under local individual contract of the final service provider and is exclusively subject to the terms and conditions of such individual contract. To the extent of such contracts, general terms, conditions and principles contained herein apply when using Nautika Nova d.o.o. services, together forming a business relationship agreement between Nautika Nova d.o.o. and the customer.

Booking, payment, cancellations and service takeover

The booking is initially followed by an offer that is sent out to the customer, containing all the details of the selected services and clearly defining the costs and fees for obligatory and extra services ordered and their payment schedule (herein commonly referred to as service price).

The booking offered by Nautika Nova d.o.o. is finally confirmed when deposit payment indicated on the offer is paid by the customer and funds are received on Nautika Nova d.o.o. bank account or the conformation from the credit card company is received. Payment of at least 50 % of total amount should be made within 3 – 8 days (time insured by final service provider for payment) and with the final balance due 45 days prior to departure. Payments are usually in two installments.

By conducting the deposit payment, the customer confirms to be fully familiar and compliant with these Terms of Use as well as local individual contract regulating such contracted services.

After the service has been provided, final service provider will issue the invoice for charter and additional services to customer.

The customer may cancel any of the contracted services subject to cancellation policy of each individual contract.

Cancellation policy

If the customer cancels his booking, he should be aware that the refunds may not be provided at all. The return of the payment amount depends on the final service provider Terms and Conditions of the cancellation. The refund is final service provider responsibility. Nautika Nova d.o.o. is not responsible if the final service provider refuses to return the payment.

Cancellation by customer:

If cancelling a charter within 24 hours of placing a booking User will receive a full refund of the paid amount. The 24 hour period begins when you place your initial booking and is Nautika Nova responsibility. Refund will be transferred in period of 3 working days. If after this period customer wants to cancel the service for any reason, it is necessary to notify Nautika Nova d.o.o. via email. The payment obligations in case of cancellation after the period of 24 hours are determined individually depending on the cancellation policy of the final service provider with which the Contract is concluded.

Cancellations by final service provider:

If the booking is cancelled due to final service providers fault, for example, due to damage to the booked vessel or other unpredictable circumstances on the vessel, the customer will resolve these difficulties with final service provider in accordance with the applicable provisions of the contract. In most cases, difficulties will be resolved by Booking of a vessel with similar features and size located in the same fleet or refund of the amount received for the vessel.

The customer accepts the possibility of cooperation and seeks the best possible solution if the vessel is damaged during the previous sailing or force majeure.

Complaints policy

Any eventual complaints of the customer shall be taken into account only in the written form and if delivered to the Nautika Nova d.o.o., email: booking@nautika-nova.com, no later than 8 days after the disembarkation. If the customer files a complaint at the moment of the check-out, the complaint shall be taken into account only in the written form and if signed by customer. The complaint will be answered within the legal deadline.

VAT

VAT is included in all prices stated in all documents of financial cooperation (offer, pro-forma invoice and the final invoice). If there will be an increase of the VAT rate prior to service takeover, Nautika Nova d.o.o. reserves the right to charge the VAT difference to the customer.

Limit of liability

Nautika Nova d.o.o. responsibility and liability is limited to its own performance, acts or omissions up to the extent of conclusion of each booking process. Nautika Nova d.o.o. is not liable for performance, quality of service, service delivery and acts or omissions of the third parties for whom Nautika Nova d.o.o. solely acts as an agent.

By accepting services from Nautika Nova d.o.o., you strictly and exclusively agree on the following liability terms:

Nautika Nova d.o.o. shall be under no liability to the customer in respect of any variation to or cancellation of any service or the non-availability of any service which results from the acts or omissions of the final service provider, or for any failure by the final service provider to perform any service, and the customer hereby acknowledges to Nautika Nova d.o.o. that in any such event the customer shall only have recourse against the final service provider.
Nautika Nova d.o.o. shall be under no liability to the customer for any failure by it or by the final service provider to perform their respective obligations under this Terms of Use and each individual contract, arising from force majeure, labor disputes, strikes or lock-outs or any other cause beyond the control of Nautika Nova d.o.o. or the final service provider.
The customer shall indemnify the final service provider and Nauitka Nova d.o.o. against any claim arising out of any such variation, cancellation, non-availability or failure to perform service, provided always that if Nautika Nova d.o.o. shall receive any refund from the final service provider in respect of any such varied cancelled or unperformed service which have already been paid for by the customer, Nautika Nova d.o.o. shall (provided always that the customer shall have duly fulfilled its obligations under this Terms of Use and each individual contract), repay such refund to the customer.
The customer shall indemnify the final service provider and Nautika Nova d.o.o. against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the final service provider or by Nautika Nova d.o.o. and their respective officers, employee’s agents or subcontractors arising out of any act or omission of the customer or its employees or agents whether arising in contract or tort (including negligence) or otherwise.
The customer hereby acknowledges to Nautika Nova d.o.o. that it recognises that Nautika Nova d.o.o. acts only as the agent for the final service providers and that Nautika Nova d.o.o. is not in any way responsible for the acts, omissions or defaults of the final service provider or the failure of the final service provider to perform its obligations contemplated hereunder. The customer hereby agrees to indemnify Nautika Nova d.o.o. against any and all liabilities, claims, demands, suits, judgments, damages and losses, including reasonable expenses, costs and legal fees in connection therewith or incidental thereto arising directly or indirectly out of any failure by the final service provider to comply with its obligations contemplated hereunder.

The indemnities contained herein shall survive the termination of the business relationship agreement between Nautika Nova d.o.o. and the customer.