1. General terms to hire motorhome - integral part of the rental contract

1. Motorhome can be hired by a person who:
- has at least two (2) identity document and a credit card (or a valid: 1. one PERSONAL DOCUMENT with picture 2. DRIVING LICENSE 3. CREDIT CARD (also when buying 100% insurance, because of traffic offenses and suspection of involvement in the theft) )
- Is older than 23 years,
- Has at least 3 years of valid driving license
- Is regularly employed,
- Has never been convicted, was not, nor is in the proces for criminal offenses
- Is an experienced driver
- Undertakes to act of a good manager
- tenant with signing the contract, garantee that he gave correct informations about himselve.

2. Hired vehicle can be used and operated only by tenant, who is indicated in the contract. Tenant is also not allowed to lend the vehicle to another person. The tenant must take into account the road traffic regulations. In the case of any emergencies that happened because tenant did't follow traffic regualtions can cause additional problems with the insurance company, which in this case will be a finantial burden for the tenant. The lessor has the right to pursue the tenant for the resulting penalties or costs of traffic accidents and insurance caused by the tenant at the time when the vehicle was hired. Fines and costs may be incurred after the lease, so the landlord has the right to pursue the tenant for up to 2 years after hireing motorhome. Potential penalties for road traffic offenses go exclusively at the expense of the lessee (including the case where the punishment arrives by post, after returned motorhome).

3. It's not allowed to bring pets into the vehicle, except in the case of a special agreement.

Car insurance:

1. The vehicle has a comprehensive insurance by 1% deductible franchise. In the case of an accident which is covered by our insurance policy, the tenant covers damage, deductible franchise and the excess loss of the bonus. If the lessor finds that the reason of an accident, happened because the driver was under influence of alcohol or guilty of gross negligence, comprehensive insurance does not apply, so all the costs of repairs, will become a full burden of the tenant (including loss of income, bonuses, etc...).

2. When taking a vehicle the tenant has to pay the deposit of 700, 900 or 1200 eur, to cover likely costs: excess in the event of an accident, minor injuries that do not exceed the amount of deductible franchise, the delay at the recovery of the vehicle, the potential costs of cleaning and fuel, damages to equipment and inventory, all which are not included in comprehensive insurance.

3. Deposit is fully returned to the payer (tenant)of the vehicle within 8 days, if the following conditions are met: the vehicle is returned in good condition (in case of theft of vehicle, the deposit is not returned), is clean inside and outside and with a full tank of fuel. The condition is also that all devices, in the vehicle, are operating and that the vehicle is returned within the set time limit to the agreed place. Any damage shall be charged separately. In case of damage, all the costs of repair will be taken into account, incliding spent time when the vehicle is in repair as travel expenses.

Costs in case of delayed retun of the vehicle (without the written consent of the lessor):

In case that the deposit would not be sufficient to eliminate the damage identified, the lessor has the right to require a surcharge. Return of the deposit shall be retained until the repair of defects.

The failure of the vehicle (engine) on the way:

In the case that the vehicle is still mostly functional, the tenant is given the chance to repair the damage by themselves. in that kind of situation after the prior agreement with TDS grup d.d., the grup will return caused costs. In the event of failure of the vehicle (not interior design), the tenant has to rapair the damage in the nearest qualified service and immediately inform the TDS group. The lessor is not obliged to reimburse the cost of repairs and other expenses if it's established that the failure occurred on the trip and by tenant fault. Teh tenant must deal with vehicle as he would deal with his own. In case of traffic accident or vehicle damage, the lessor must be notified immediately. In case of vehicle damage, the lessor is not obliged to provide the replacement of the vehicle, or to cover any costs that the tenant might have in such case. With his signature, the tenant is proclaiming, that he will not demand such claim.. 

takeover and return of the vehicle:

At the takeover and return of the vehicle the vehicle is examined. Both sides (tenant and the lessor) sign the document where is declared the state of the reserved vehicle. When the tenant is taking the vehicle, te lessor describes all the operation of the vehicle and draw attention to the particularities of driving and use. At the time of the takeover you have to sign the vehicle lease (in which there are described also this general conditions of the lease). You will take the vehicle with a full tank of fuel and it has to be in the same state when returned, otherwise the difference is subtracted from the advance payment.

Procedure in case of accident, theft of vehicle or suspected abuse:

In case of accident, the theft or suspected abuse of the vehicle, the tenant has to aply the firt aid to the participant (as far as this is possible). He must imediately notify the lessor and the police on further procedure. It is mandatory to make a police record! In case of suspicion that the accident was caused by negligence, and so on, the tenant shall bear all the costs incurred by the lessor, including resulting financial damage.

Winter equipment, offenses and winter use

1. All vehicles are equipped in accordance with the law, therefore they're normally not equiped with winter tires, however, they have good tires and chains for the drive wheels. Before you go on the way, the tenant has to check whether any of the foreign countries in which he will travel, requires more of aditional equipment, than the one described in rules in Republic of Slovenia. All of the possible harm or offense will be a responsibility of the tenant. (For example, in Finland, the driver has no subject to insurance in winter, when the vehicle is not equiped with winter tires, etc.).. Also the tenant is responsible, for any damage that could be caused by "frost" on the vehicle. that means that if there is water in any tank of the vehicle, the temperature of the vehicle must not fall below 5 C, otherwise there is big posibility of damage, wich the tenant has to pay.

2. The tenant should read and take into account all guidance of the lessor, that you can find on the website of the producer. You have to take into account the general conditions, the instructions of security authorities, repair, etc.. Otherwise you will be liable for any newly created damage.

Rent a motorhome for a holiday in Croatia

1st "Hirer xxxx yyyy is explicitly aware of the Law on amendments to the restaurant (the Law on gastronomy) adopted on 1 April 2009, in use since May 2009, in which camping (in the extreme, this means a simple overnight stay at the motorhome or any motorhome parking outside the dedicated parking space) outside of camps in Croatia offense that is punishable by a fine. In the case of such unauthorized camping on private property (ie that which is not a state, municipal or city), the inspector may decide for the immediate sealing of motorhome for a period of 60 days. Offsealing motorhome is a criminal offense.

The lessee undertakes to use in the case under this contract hired motorhome in Croatia will not violate the above law. In the event of a breach of the tenant is fully liable for all damages including the reimbursement of total income of the lessor because of unavailability of vehicle at the time of sealing, the cost of transporting the vehicle back to the lessor after the expiry of the period of seals, damage to avtodomu over a period of sealing due to vandalism, burglary, theft, intrusion of water, rodents or any other damage occurring as a result of failure to comply with the landlord above the law. "

Various

In the cases that lead to failure or switching vehicles ordered, the lessor will provide a vehicle in the same category. The tenant has to assume adoption without any compensation. Vehicles in the standard category can be older. Minor damage may occur because the of older verzion of veicle, for which the lessor is not liable.

By signing the rental contract you shall be deemed that the tenant is aware of these general conditions for hiring, which are the annex and form part of the contract.

The client shall undertake to:

• Handle the boat and its equipment carefully and mindfully;
• Use the boat exclusively in territorial waters laid down in the contract; consistently observe navigational regulations, especially concerning prohibited areas and to abide to navigational rules and sailing customs in sailing, ports and in anchorages.
  
• Use the boat solely for personal and non-commercial purposes. Not rent or lend the boat to third parties or use the boat for transport against compensation.
• Board only people stated on the crew list. The crew list must remain unchanged. 
• Not participate in regattas without a previous consent from the charter company.
  
• Not to tow other vessels, except in case of uttermost emergency;
• To diligently and mindfully take over and hand over the boat with its equipment based on the takeover/handover record;
• diligently lead the ship's log and hand it over to the charter company at returning the boat; Enter into the logbook every damage to the chartered boat or damages potentially caused by the client to third parties; Any collisions with the sea bottom or shore ought to be described separately; the exact addresses of possible eyewitnesses shall be stated and the rental company informed about the event. Immediately inform the rental company in the event of water penetration, severe damages etc. and follow its instructions.

Despite the client's innocence in breaching these obligations, the charter company shall be disengaged of any responsibility.
The client is personally liable to security authorities, port authorities and customs posts for any possible breaches, litigations, penalty payments and confiscations, caused by breaching his obligations. The client shall refund the charter company the obligatory and contractual indemnification equal to a double daily charter fee for each day of the boat's immobilization if state authorities should confiscate the boat. In the event of a confiscation, the client shall repay within eight (8) days the value of a new boat as set forth in the insurance policy.

The client is expected to eliminate defects and damages that are the consequence of normal wearing of the boat up to the amount of 500 €, inform the charter company about it and undertake urgent repair works. The charter company shall refund this expenses if the client provides authentic receipts about the replacement of worn out or damaged parts. The repair of defects and damages exceeding the above-mentioned amount requires a prior agreement of the charter company.

If during the charter period the boat or its equipment suffers defects or damages that make further sailing impossible, it is the client's duty to immediately notify the charter company about the occurrence and act in accordance to its instructions.

The use of foreign help and resorting to third party services is prohibited unless the charter company has previously approved of it. Only in exceptional situations is the client allowed to act on his/her own, i.e. in cases when it may otherwise result in serious physical injuries, or when his or the life of the crew are in danger or there is a substantial threat to the boat and its equipment. Even in such events, he shall inform, at the earliest possible opportunity, the charter company.

Injuries and accidents must be recorded in an »Injury report« and certified by the port authorities, the port police, the doctor and at least two legally competent entities or persons. The client follows the same procedure in the event of theft, navigational incapacity, confiscation or any other hindrance to the navigation caused by official entities or third parties.

If the client acts contrary to the obligations stated in this contract he shall assume personal responsibility for all compensation claims made by the charter company or by third parties. The incapacity to use to boat due to average does not entitle the client to a partial or total refund of the charter fee.

Additionally, the client assumes responsibility for damages, accidents provoked and items lost or by his crewmembers.

Navigation licences and other mandatory documentation

By his signing of the contract the client declares that he owns a valid navigation licence (a certificate confirming his qualifications as a boat leader and for using radiotelephony) and that he possesses the needed sailing and navigational skills to pilot a chartered boat or that during the charter period the boat shall be operated by another person possessing such a certificate and is mentioned in the contract. The client must in every case adjust the sailing to his experience and the weather conditions. It is not allowed to leave a safe port, marina or anchorage, if the wind force exceeds 6 Bofores. The client must pay regard to the weather forecast and act in accordance to it.

The charter price

The charter price includes a normal wearing of the boat and its equipment, a third party insurance, comprehensive insurance at one's own participation (caution money) and the mooring in the home marina. The charter price excludes fuel, mooring and fees in other marinas, ports and anchorages as well as a tourist fee.

Guarantees

The charter company shall not be held liable for what the client has done or has failed to do during the charter period. The client expressly excludes the charter company from all disputes, litigations, lawsuits and other consequences related to the rental of the boat. The client shall be in particularly personally liable, if he does not abide by the regulations on sailing within prohibited areas and by other restrictions.

Withdrawal

If the client, for medical or other justified reasons, cannot realize his paid charter according to the validly concluded contract, he can find someone else to take over his rights and responsibilities. In this case, the client is charged with an additional 2% from the rental fee for the expenses.
If the client cannot find a replacement, he must pay the charter fee regardless of his using the boat or not as follows:

• Up to 5 weeks before the commencement of the charter an advance payment (40% of the total price);
• From 5 weeks up to the charter day the total charter fee.
  

The charter company can rent the boat to someone else if the client does not settle the charter fee within 8 days from its due date.

Handover

The charter company shall hand the boat over to the client at the agreed location and at the agreed time. If due to objective reasons the boat cannot be handed over on time, the charter fee is reduced proportionally for each lost day. If the charter company cannot hand the boat over after 40 hours from the agreed time or at a location less than 40 nautical miles away from the home marina, the client has the right to withdraw from the contract. In this case, the charter fee is reimbursed, but all other compensations (travel, accommodation…) are excluded. If the client does not take the boat over within 24 hours from the commencement of the charter or does not communicate his possible delay in writing or orally it is the charter company's right to rent the boat to another person.
The client shall carefully inspect the state of the boat and of its equipment upon takeover. Remarks and flaws must be entered in writing into the handover records. Deficiencies not stated as such at handover are considered to be received in normal state. The boat is at the client's disposal as of client's written confirmation that the motor and vessel are seaworthy and upon his signing of the inventory list submitted by the rental company. From this point on, all objections by the client regarding the equipment and seaworthiness are irrelevant.

If during a previous charter, certain parts of the equipment were damaged or lost and their replacement cannot be immediately carried out, the client is allowed to withdraw from the contract or demand a discount to the charter price, provided that the vessel was limited in its seaworthiness.

Upon takeover, it is the skipper's responsibility to get thoroughly acquainted with the boat, the equipment, instruments, their functioning and the necessary maintenance works required during the charter period.

The client is not entitled to any compensation from defects or damages, which occur during the voyage upon the takeover of the boat and which partially or entirely prevent a further charter, if the defect or damage results from force majeure (wind, weather conditions, sea conditions, thunderbolt, etc) or from third parties. The client is entitled to a reimbursement of a proportional share of the charter fee for the days, where he was unable to use the boat, provided that the defect or damage are a result of deficiencies on the hull, in the drive and steering mechanisms or in the engine that remained undetected at takeover. All other compensation claims (in particular travel expenses, accommodations, compensations for days lost and ruined holiday etc.) are irrelevant.

The client shall undertake to return the boat to the charter company at the agreed time and place. If the client is up to 12 hours late, he shall pay an indemnification for each started hour after the due time in the amount of 4% of the weekly charter cost plus all expenses that arise because of the delay (transport and compensation for the next charterers etc).

Weather conditions do not justify delays. The client must follow the weather conditions and sail accordingly. The client has to be less than 30 nautical miles away from his home marina within 24 hours of the end of his charter period (in the case of unfavourable weather the client has to sail as close to the marina as it takes to return the boat in due time). If the client is forced to remain in another port, it is considered his duty to protect the boat until it is handed over to the charter company and settle any expenses (travel, transport, fuel, etc) arising from bringing the boat back to its home marina. The boat is deemed handed over when the caution money is refunded and the corresponding records are made. The handing over of a correctly lead ship's log is compulsory.

The boat is taken over by the client with a full fuel tank, clean, tidy, serviced and in a faultless navigational condition. The client shall return it in the same state.

Damages and lost items occurred during the charter period, including force majeure conditions, shall be calculated and the compensation costs shall be subtracted from the caution money.

If the charter company suspects that the bottom of the yacht has been damaged, the yacht may be lifted from the water and inspected at the expense of the client.

Caution money

The caution money is deposited at takeover – via credit card. If there is no damage and no compensation liability, the caution money is refunded to the client in full within 8 days after returning the boat in perfect condition. The caution money shall also be deposited upon takeover of the boat including a skipper.

Lost or damaged items from the boat or parts of its equipment are charged to the client in the amount that is equal to the cost of their replacement or repair, including transportation costs, organisational costs etc and the costs of possible cancellation of the yacht’s further rental. Spare parts and equipment are evaluated according to current catalogue prices. Furrows, bruises etc are charged by the square centimetre, for an unrefilled fuel tank the client is charged an additional 10% for the related costs to the fuel price. The damage is determined at the boat's return. If the costs cannot be established immediately, a corresponding part or the entire caution money is detained until the bills for the repair and delivery are settled. If an insurance company covers the damage or losses, we shall subtract all expenses not covered by the insurance company from the caution money (telephone, fax, telegram, travel costs, minutes, supervision, organisation etc).

It is the client's duty to daily check all devices aboard and to eliminate possible failures before sailing on and notify the rental company thereof. The client shall pay special attention to the appropriate oil levels in the engine and its cooling system.

Damages occurring on the engine due to its overheating or insufficient lubrication are not covered by insurance and will therefore be charged to the client.

Insurance

The boat is covered by thirdparty insurance. The comprehensive insurance covers at one's own participation (caution money) damages caused by force majeure, sinking, thunderbolts, fire etc.
The insurance policy is arranged for the client as if he were the actual owner. During the charter period, the client and his crew assume the same responsibilities as the actual owner, and must therefore in case of damage or danger of damage act in the same responsible manner. Generally, the skipper, the crew and their personal belongings are not covered by insurance, thus special insurance is recommended. The client is also liable if sailing in officially prohibited areas and for anchoring and landing in ports and harbours designated as unsafe.

Boat charter including skipper

Chartering a boat together with a skipper limits the skipper's responsibilities to piloting and sailing the boat. During sailing, the client and the crew must unconditionally comply with the skipper's commands. Non-compliance with the skipper's orders can result (to the skipper's discretion) in cancellation of the contract. The skipper has no right to claim compensations and payments and at the same time is not obliged to provide any other services (e.g. cooking, shopping etc) for the client.

Under no circumstances is it allowed to take pets (dogs, cats, birds etc.) on board.

In justifiable cases, if the client's sailing and navigational skills are doubtful, the charter company may test the client’s practical and theoretical knowledge. If it is established that the client does not possess the required skills, a skipper is provided at additional payment or the charter company withdraws from the contract and keeps 70% of the settled charter fee. The client settles the expenses for the appointed skipper. Furthermore, he must provide the skipper with three daily meals and beverage.

The client addresses possible compensation claims in writing by registered letter to the rental company no more than 8 days after the finished charter period. All claims have to be entered in the handover records at the returning of the boat by the person, who accepted the boat from the client in behalf of the charter company. All facts must be recorded in the ship's log. Compensation claims are limited to 80% of the settled charter fee and must comply with the provisions of this contract and other regulations, which are subject to the laws of the Republic of Slovenia.

Comments and remarks shall take effect solely in writing. The charter company and client shall endeavour to find a common solution in all disputes.

The Charter Contract shall enter into effect as of the day of being signed by the charterer and upon his 40% advance payment.

The competent authority for settling disputes is the court in Ljubljana.