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.

1.5 When the Agency acts as a broker, the vessel provider's specific terms regarding payment schedules, cancellation policies, inclusions, exclusions, APA percentages, VAT, insurance requirements, and other conditions may differ from these general Terms and will be specified in the booking confirmation and charter contract. In case of any conflict between these Terms and the vessel provider's terms, the vessel provider's terms shall prevail for matters directly related to the charter service delivery.

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.
  • Bookings are considered confirmed only upon receipt of the required deposit and written confirmation from the Agency.

3.2 Payment Schedule

Unless otherwise specified in the booking confirmation, the following payment schedule applies:

  • 40-50% of the charter fee due upon reservation confirmation
  • The remaining balance due 30-60 days before charter commencement (specific timing will be confirmed in booking documentation)
  • For bookings made within 60 days of departure, 100% of the charter fee may be due immediately

Note: Specific payment terms vary by vessel provider and destination. Exact payment schedules, amounts, and deadlines will be clearly stated in your booking confirmation and charter contract.

3.3 Additional Costs

Depending on the vessel and charter type, additional costs may include:

  • APA (Advance Provisioning Allowance): Typically 20-35% of charter fee where applicable
  • VAT or local taxes as required by destination jurisdiction
  • Security deposit as specified in the booking confirmation
  • Fuel surcharges for certain destinations or itineraries

The booking confirmation will detail all applicable additional costs specific to your charter.

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
  • All bank fees and transaction costs are the responsibility of the Client

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
  • Late payment may incur penalty fees as specified in the booking confirmation

4. Cancellation Policy

4.1 Cancellation by Client

Cancellation terms vary by vessel provider and destination. The following represents general guidelines, but specific terms will be provided in your booking confirmation:

Standard Cancellation Terms (when applicable):

a) When a replacement charter is found:

  • Cancellation more than 60 days before charter: Deposit may be retained or refunded less administrative fees
  • Cancellation 30-60 days before charter: 40-50% of charter fee retained
  • Cancellation less than 30 days before charter: 100% of charter fee retained

b) When no replacement is found:

  • Cancellation more than 60 days before charter: 40-50% of charter fee retained
  • Cancellation less than 60 days before charter: 100% of charter fee retained

Important: Actual cancellation terms are determined by the vessel provider and will be clearly specified in your charter contract. Some providers may have more or less restrictive policies. Peak season charters (e.g., Christmas/New Year) may have different cancellation terms including longer notice periods.

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 comprehensive travel and cancellation insurance to protect against unforeseen circumstances. See Section 6.4 for insurance recommendations.

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 unless otherwise specified
  • The Client must participate in a thorough inspection of the vessel with Agency or vessel provider 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 may result in penalty fees as specified in the charter contract
  • 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, bank transfer, or cash as specified by the vessel provider
  • The deposit will be returned within 7-14 days after the charter end date if no damage is found

6.2 Deposit Deductions

The security deposit may be used to cover damages or losses. Specific terms regarding what is and is not covered by the security deposit will be detailed in your charter contract and vary by vessel provider.

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 and Recommended Insurance

  • 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

Strongly Recommended Insurance:

  • Trip cancellation and curtailment insurance
  • Medical and emergency evacuation insurance
  • Personal travel insurance
  • Charterer's liability insurance
  • Dive insurance (mandatory for charters involving diving activities)

Insurance requirements may vary by destination and activity. Your charter specialist will advise on specific coverage appropriate for your charter.

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 applicable maritime law in the charter destination
  • 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:

  • Arrange for a seaworthy, clean vessel equipped according to the specifications provided by the vessel owner
  • Ensure the vessel is insured as per Section 6.3
  • Provide necessary documentation for legal operation of the vessel
  • Facilitate communication between the Client and vessel provider to resolve technical issues during the charter period
  • Coordinate with the vessel provider to arrange for repairs within 24 hours of notification when possible

8.2 For crewed charters, the Agency shall coordinate with the vessel provider to ensure:

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

8.3 The Agency acts as an intermediary between the Client and vessel providers. The vessel provider is responsible for the actual delivery of charter services, vessel condition, and crew performance.

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, subject to vessel provider approval

9.2 Major Defects

  • If the vessel is inoperable for more than 24 consecutive hours, the Client may be entitled to pro-rata compensation as determined by the vessel provider's terms
  • If repairs cannot be completed within 48 hours, the Client may terminate the charter and receive a pro-rata refund subject to the vessel provider's policies
  • The Agency will facilitate all communication and claims between the Client and vessel provider

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. Recognition of Risk and Release of Liability

14.1 Recognition of Risk

The Client expressly acknowledges that yacht charter and associated water activities involve inherent risks of injury to persons and property. The Client is aware of these risks and understands them. The Client acknowledges that safety equipment is made available by the vessel provider and understands that use of such equipment does not remove all risks of injury. The Client alone determines the sufficiency of any safety measures taken.

14.2 Release of Liability

The Client releases the Agency, its employees, and agents from liability for any loss, expense, or cost arising out of any damages or injuries, whether to persons or property, occurring during the charter, except in cases of gross negligence or willful misconduct by the Agency. The Agency shall not be liable for the acts or omissions of vessel providers, crew members, or third parties.

15. Final Provisions

15.1 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.

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

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

15.4 These Terms were last updated on January 1, 2026.

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