Terms and Conditions - Charter and Service
Terms of Service of Pitter d.o.o.
General Terms of Use of Our Services (Boat Accommodation and Boat Service)
The use of boat accommodation services ("Charter Service") and boat maintenance services ("Service") provided by the company Pitter d.o.o., Tkon 88, Tkon, Croatia, OIB: 44369220053 ("Pitter" or "we"), your contractual relationship and your interaction with us are subject to these Terms of Use ("Terms"). These Terms are governed by the Applicable Law, primarily the valid Consumer Protection Act, the Electronic Commerce Act, and the Obligations Act of the Republic of Croatia.
When concluding a Charter contract, Pitter primarily operates under the terms of the FAIRCHARTER19 Yacht Pool ("FAIRCHARTER19") published and available on our website (see HERE).
Please review the FAIRCHARTER19 terms before concluding the Charter agreement.
These Terms and FAIRCHARTER19 are an integral part of the contractual relationship regarding the Charter, which is established at the time of booking the boat accommodation service available on the website of our contractual partner Pitter Yachtcharter. In addition to these Terms and FAIRCHARTER19, any other terms under which Pitter Yachtcharter operates when concluding a Charter agreement ("Partner Terms") shall also apply.
In the event of any inconsistency between these Terms, FAIRCHARTER19, and the Partner Terms, FAIRCHARTER19 shall prevail.
The Charter contract will be concluded through our contractual partner Pitter Gesellschaft m.b.H. ("Pitter Yachtcharter"), who is authorized to conclude such a contract on our behalf and for our account for vessels from our offer. Pitter is responsible for compensating any damage due to non-provision or deficient provision of the boat accommodation service or any other agreed services.
These Terms also serve as a pre-contractual notice under the applicable Consumer Protection Act of the Republic of Croatia.
Pitter pays special attention to protecting your privacy and your personal data. For more details on which data we process, how, and why, please read our Privacy and Cookie Notice available on our website.
All gendered expressions used in these Terms apply equally to all genders.
By using this website, you acknowledge that (a) the website is made available to you free of charge; and (b) IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, INCLUDING THE LIMITATION OF LIABILITY, PLEASE DO NOT USE OUR SERVICES.
Any changes to these Terms will be published solely on Pitter’s website and will be decided by authorized company representatives.
Definitions
For the purposes of these Terms, each of the terms and definitions listed below has the following meaning:
Charter Vessel:
refers to a vessel from the Pitter offer for which a Charter contract has been concluded.
User:
refers to the user of the Charter Service and/or the Service, i.e., a consumer provided that the purpose of contracting the service cannot be primarily attributed to commercial or self-employed professional activities of that party.
Applicable Law:
means the law of the Republic of Croatia as well as the law of the European Union and other laws that are directly applicable in the Republic of Croatia.
Website:
refers to the official website of Pitter (www.pitter-croatia.com).
Partner Website:
refers to the official website of Pitter Yachtcharter (www.pitter-yachting.com).
Lessor:
refers to Pitter d.o.o., Tkon 88, Tkon, Croatia, OIB: 44369220053, which provides Charter services.
Lessee:
refers to the person who concludes the Charter contract with Pitter.
Personal Data:
refers to any data relating to an individual whose identity is identified or can be identified ("data subject"); an identifiable individual is one who can be identified directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that individual.
Pitter:
refers to the business entity providing the service:
Pitter d.o.o.
Registered in the Commercial Register of the Commercial Court in Zagreb
OIB: 44369220053, MBS: 060182756
Head Office: Tkon 88, Tkon, Croatia
IBAN: HR1524020061100079765
T: +385 (0)23 386 701
E: info@pitter-croatia.com
Base Port:
refers to the port where the reserved Charter vessel is agreed to be picked up.
Confidential Information:
includes all information, data, and business secrets exchanged between Pitter and the User for the purpose of cooperation related to the Services.
Working Day:
means a working day under the laws and regulations of the Republic of Croatia, excluding weekends and national holidays.
Skipper:
a person authorized to operate the vessel and responsible for its safety and lawful use, whose services can be contracted in addition to the Charter service.
Force Majeure:
refers to events that cannot be attributed to the actions or omissions of Pitter and that Pitter could not have reasonably foreseen. Such events include, but are not limited to, war, unrest, terrorist acts, natural or ecological disasters, earthquakes, floods, major maritime accidents, storms, exceptionally strong winds, fires or other natural catastrophes, epidemics and/or pandemics, strikes, interruptions in electricity supply, disruptions in telecommunications or transport, data transmission failures, government actions, and other unforeseeable causes.
Vessel Commander:
person who operates the vessel and is responsible for its safety and lawful use.
Final Base:
refers to the port where the Lessee is obligated to return the Charter vessel.
Electronic Communication
When you visit our website, contact us through it, send us an email, or contact us by phone, you are communicating with us electronically, which expresses your intention to engage in electronic communication with Pitter. We will therefore communicate with you directly via email, by phone, or indirectly by posting notices on this website.
However, the process of contracting Charter services is carried out using the Partner Website of Pitter Yachtcharter (for more information, please refer to the questions and answers below). Service agreements are concluded using our Website.
Terms of Contracting, Payment, and Provision of Charter Services
Pitter provides you here with an overview of the essential terms and procedures for contracting services, the rules on payment methods, and the conditions for providing services. For clarity, the following is presented in a frequently asked questions format:
Where can I find the vessel offer?
All Charter vessels from our offer are available on the Partner Websites linked from our Website (www.pitter-croatia.com).
For each Charter vessel, specifications, standard and additional equipment, and corresponding interior and exterior photos are listed. A list of additional services that the User may contract is also available.
Where can I find the price of the vessel, Charter service, and what is included?
The Charter service price depends on the selected vessel and the period during which you wish to use the Charter service.
The Charter service always includes the use of the Charter vessel with the corresponding standard equipment listed on the inventory for each vessel, additional equipment contracted by the Lessee, and the costs associated with wear and tear from regular use. Also included are general taxes and fees for the vessel in the Base and Final Base during the agreed Charter period, hull insurance, and proportionate liability insurance costs.
User care and Pitter support, available to the Lessee by radio or phone during working hours (24/7) throughout the agreed Charter period, are also included in the price.
The cost of additional services and extra equipment will be displayed, with each selected item clearly priced.
The Charter service price does not include fees for sailing, mooring, and anchoring outside the initial and final base, fuel and water costs, or fees for check-in and check-out. For more details, please read FAIRCHARTER19 at this LINK.
Pitter (and/or Pitter Yachtcharter) reserves the right to change prices and information on the website without prior notice. However, any such change will not affect already confirmed bookings or contracted services. Currency exchange fluctuations may also affect pricing, for which Pitter (and/or Pitter Yachtcharter) assumes no responsibility.
In case of pricing errors or other mistakes, Pitter (and/or Pitter Yachtcharter) reserves the right to adjust prices or correct errors.
For further questions regarding the Charter booking process through our partner Pitter Yachtcharter, please refer to the Partner Website.
How can I book a selected Charter vessel and contract the Charter service?
If you decided to book our Charter service through our Website, clicking the appropriate link/button will redirect you to the Partner Website, where the booking and contracting process continues.
The Partner Website lists Charter prices for each vessel.
You can book a selected Charter vessel by entering your desired dates and checking availability. If the vessel is available, clicking "Book now & Secure online discount" will show additional services and equipment available for that vessel and their prices. You can select extra services like cleaning, Skipper service, or additional equipment such as extra bed linen or towels.
Clicking "Continue to check out" displays an overview of selected services and equipment, and the price breakdown. The summary will show: (1) the amount payable by bank transfer or card (Charter price), and (2) prices of additional services payable upon arrival at the Base Port.
Please note that you are required to provide personal data during the reservation process. You are responsible for providing accurate and truthful data. Any costs or consequences due to incorrect data are your responsibility.
Clicking "Continue" takes you to the payment method selection and the final confirmation of your booking. Payment can be made via bank transfer or card.
After confirming the reservation, Pitter Yachtcharter will immediately send a written confirmation email with further details and the Charter contract ("Booking Contract"), which serves as confirmation of the concluded agreement. The contract includes dates, vessel details, payment terms, and amounts for each installment. It will also show the price paid by bank transfer or card, and any remaining payments due on-site.
If you selected card payment, the first installment will be charged immediately, and the Booking Contract will confirm this. If you chose bank transfer, the contract is deemed concluded once the first installment is received by Pitter Yachtcharter, which will then send a confirmation email without delay.
Once complete, you can track your booking status by clicking "Booking status" on the Partner Website.
Upon full payment of the Charter price, Pitter Yachtcharter will send you a "boarding pass" as confirmation that full payment has been made and the Charter service is confirmed for the selected vessel.
What are the payment methods?
Since the Charter contract is concluded via our contractual partner Pitter Yachtcharter, you will be informed of the payment terms and methods during the booking process (on the Partner Website). Payment can be made via bank transfer or credit card, in accordance with the information provided on the Partner Website. Pitter Yachtcharter will also issue the invoice for the contracted service on behalf and for the account of Pitter. The total price for all selected services is to be paid by the User according to the instructions and terms listed in the Booking Contract.
Do I have to pay a deposit and will it be refunded?
During the booking of the selected Charter vessel, the required deposit amount will be shown on the Partner Website. The deposit must be paid no later than at the time of vessel pickup, in accordance with the terms specified in the Charter agreement.
Please note that deposit payments made by credit card in local currency are calculated using the exchange rate on the payment date, which may result in pricing differences.
The full deposit amount will be refunded immediately upon proper return of the Charter vessel to the Final Base, provided there is no damage to the vessel, missing or damaged equipment, and that the return is made on time without delay.
However, Pitter reserves the right to retain the deposit if the vessel is returned with damage, missing parts, or equipment. After the Charter service is confirmed, the Lessee is liable for any damage to the vessel or equipment caused by themselves or any crew members or guests, up to the deposit amount (or higher in exceptional cases). For full details, kindly read FAIRCHARTER19 at THIS LINK.
What if I want to cancel the Charter service after payment?
If you decide to cancel the Charter service after payment, cancellation fees will apply in accordance with the Charter contract. The cancellation fees apply as follows:
- In case of cancellation at least 28 days before the Charter start date, the Lessor retains the paid deposit.
- In case of cancellation within 28 days before the Charter start date, the Lessor retains 100% of the Charter service price.
No cancellation fees apply to services not rendered due to the cancellation, such as final cleaning, linen, extra equipment, or deposit fees.
What does the vessel handover process look like?
The reserved Charter vessel is handed over at the agreed date and time at the agreed Base Port, upon presentation of the "boarding pass".
The Lessor will deliver the Charter vessel with the agreed equipment, ready for sailing, in clean and technically sound condition, with a full fuel tank and connected and spare gas bottle.
During handover, the Lessee and the Lessor ("Parties") will inspect the vessel, check its technical functions, and verify the listed inventory. Upon completion of the inspection, both Parties will sign a handover report. After signing, no objections can be raised—except for hidden defects that existed at the time of handover.
If the Lessor cannot deliver the reserved vessel within 4 hours of the agreed pickup time or provide a comparable alternative vessel, the Lessee has the right to a proportional price reduction for each commenced day of delay. If the delay exceeds 24 hours, the Lessee may cancel the contract and demand a refund. If the Charter duration is 10 days or more, the cancellation right applies after a 48-hour delay.
Before the start of the Charter, the Lessee must provide a list of all crew members who will be on the vessel. The number of people on board must not exceed the number permitted in the Charter contract or approved for the vessel.
For more information, please read FAIRCHARTER19 at the link: faircharter19_pitter_en.pdf (pitter-yachting.com).
What are my obligations as the Lessee (Charter service user)?
The Lessee is obligated to use the Charter vessel and its equipment with due care, as a good steward. Before departure, the Lessee must familiarize themselves with the vessel’s technical characteristics and onboard equipment, as well as review the provided instructions, either handed over at the time of boarding or located on the vessel.
The vessel is operated by the Vessel Commander. The Vessel Commander may be the Lessee or another crew member, provided they present valid certification proving they are qualified to operate the vessel in the contracted sailing area, as required by law. Before handover, the Lessor will verify this qualification.
A Skipper service can also be booked as an additional service, according to the conditions and prices listed on the Partner Website.
The Lessee must inform Pitter immediately if they suspect any damage to the vessel. Upon return, the Lessee must report any loss, damage, or malfunction of the equipment.
For full details of the Lessee's obligations, please consult FAIRCHARTER19 at: faircharter19_pitter_en.pdf (pitter-yachting.com).
What are the obligations of the Lessor (Pitter as the Charter provider)?
Pitter will properly maintain the Charter vessels, with special attention to safety and rescue equipment.
Pitter will deliver the Charter vessel to the Lessee at the agreed time and place, fully equipped, ready to sail, and in good working order. This obligation applies only if the Lessee has paid the full amount for the booked services.
Upon handover, Pitter will also provide all valid certificates, documents, inventory lists, user manuals, and other documentation necessary for navigation in the agreed maritime area.
In the event of discrepancies or deviations from the agreed condition of the vessel or its equipment, the Lessee may request a reasonable price reduction. The right to terminate the contract applies only if the seaworthiness of the vessel is significantly impaired, and if conventional navigation becomes difficult and significantly increases the safety risk for the vessel and crew.
Price reductions and contract terminations must be requested in writing. A written statement must be submitted to the Lessor immediately upon detection and again when completing the return report at the end of the Charter.
For more information, please consult FAIRCHARTER19 at THIS LINK.
What is the return process for the vessel?
The Lessee must return the vessel at the agreed time and place. The vessel must be ready for check-out at the agreed location 1–2 hours before the official return time.
To ensure timely return, especially under adverse conditions (e.g. bad weather), the Lessee must ensure that the vessel is within reasonable proximity to the Final Base 24 hours before the end of the Charter. Bad weather does not justify a late return, unless a Force Majeure event is proven.
If the return is delayed by more than 2 hours, the Lessor may charge a proportional daily fee for each day started. In such cases, the Lessor also reserves the right to claim compensation for any losses caused by the delayed return.
The vessel must be returned in the condition stated in the initial inspection report signed by both Parties, clean inside and out, with a full fuel tank and the gas bottles (primary and spare) in place.
During return, the Parties will inspect the condition of the vessel, equipment, and devices. Any damage or losses in relation to the initial condition will be recorded, and a return report will be signed. This becomes binding once signed by both Parties.
The Lessee must report any suspected damage during the Charter and immediately upon return, including any losses or equipment malfunctions.
The Lessee bears the cost of returning the vessel to a different base unless due to Force Majeure or if instructed or caused by the Lessor.
For more information, please consult FAIRCHARTER19 at THIS LINK.
Service Terms of Contracting, Payment, and Provision
Services and Contracting:
Pitter offers Service, vessel maintenance, and equipment installation services as listed on our Website. The service offering is detailed online. For more, visit: www.pitter-croatia.com.
These services can be contracted by contacting authorized Pitter personnel via the email address or phone number listed at the link above. The Service can also be arranged in person at Pitter's business premises.
Pricing:
Replacement parts and other equipment, as well as the current price list, are available on the Pitter website at www.pitter-croatia.com. All services are charged according to the valid price list at the time the service is contracted. Pitter reserves the right to change prices listed online. The price stated in a binding offer remains valid. Labor costs for service, installation, or repairs are calculated based on complexity and time required.
Prices may be listed in multiple currencies for convenience, but all services must be paid in Euro (EUR). Services can be paid by bank transfer, credit card, or cash. The customer is obligated to pay in the manner and time frame stated on the issued invoice.
Contract Formation:
The provision of Service and installation may depend on the delivery of parts or equipment from manufacturers or third-party suppliers. Pitter’s offer becomes binding only when explicitly marked as a "binding offer."
A binding offer is the final version of the offer, confirmed after all technical and functional details are agreed upon. This offer is always delivered in writing (via email or in person, depending on the client's choice).
The offer is valid for 8 (eight) days from receipt. If sent via email, the timestamp on the recipient’s server marks the moment of delivery. If the customer does not respond in writing within this time, the offer expires. The Service contract is concluded when Pitter receives the customer's written acceptance via email.
Duration of Contract:
Pitter provides vessel maintenance services for a period defined in the offer and agreed with the customer. The customer is solely responsible for organizing and covering the cost of storage (e.g., dry dock or berth).
Vessel Accommodation:
When contracting service, maintenance, or installation, the customer must arrange suitable vessel accommodation (such as dry dock or marina berth) at their own cost.
Initial and Final Vessel Reports:
Based on the customer’s instructions, a work order will be prepared. Work begins only once the order is confirmed by the customer.
When the vessel is handed over, the customer or a designated representative will inspect the vessel with a Pitter representative. An initial report will be prepared and signed by both parties. Pitter is not responsible for any pre-existing damage that wasn’t visible during inspection.
After the service is complete, a final inspection is carried out. The customer must immediately raise any objections. Pitter is not liable for damage caused by aging materials or wear, even when the vessel was used properly.
Subcontractors:
Pitter is entitled to engage subcontractors for the execution of specific services in accordance with the approved work order and binding offer.
Warranties for Installed Equipment:
Pitter does not provide additional warranties on replacement parts or equipment. Only the original manufacturer’s warranties apply and will be handed over to the customer with the vessel. Please note: specifications and performance listed on our Website are for informational purposes only; only the manufacturer’s official specifications are binding.
Claims related to completed work are valid only if the invoice has been fully paid and presented upon request.
Right of Unilateral Termination – Charter Service
According to Applicable Law, the User / Lessee does not have the right to unilaterally terminate the Charter contract under the Consumer Protection Act. This is because the Charter service is considered accommodation provided during a specific period and not for permanent residence.
Right of Unilateral Termination – Service
The User has the right to unilaterally terminate the Service contract if it was concluded remotely or outside the business premises of the service provider, within 14 days from the contract date.
In such case, the User may withdraw from the contract without giving any reason by clearly informing Pitter of the decision to terminate, before the 14-day period expires. This can be done via the withdrawal form available at www.pitter-croatia.com or by email to: service@pitter-croatia.com.
If the contract is terminated this way, Pitter will refund any payments already made without delay, and at the latest within 14 days from receiving the termination request. Refunds will be issued using the same payment method unless otherwise agreed, with no additional cost to the User.
If goods were delivered, they must be returned without undue delay, and in any case within 14 days of sending the termination notice. The User bears the direct costs of returning the goods.
The User is liable for any reduction in the value of the goods resulting from handling beyond what is necessary to determine the nature, characteristics, and functionality of the goods. Products must be returned unused, in original condition, and in their packaging.
Liability for Damages – Charter Service
The Lessee is liable for any damage caused by them or crew members to third parties, the Charter vessel, or its equipment, especially due to improper use or poor maintenance of devices or equipment.
The Lessee is liable for damage or loss (including theft) of equipment up to the deposit amount, or more in cases of gross negligence or intent.
In Force Majeure situations, the Lessee is liable only if their actions increased the risk, e.g., sailing out despite storm warnings.
The Lessee is not liable for damage due to wear from regular use or aging of materials, nor when damage cannot be attributed to them or the crew.
Claims for compensation from the Lessor are excluded unless based on willful misconduct, gross negligence, or if Pitter is liable under Applicable Law or FAIRCHARTER19, or in cases of criminal acts causing injury or death. In any case, claims are limited to foreseeable, typical damage.
If Pitter’s liability is excluded or limited, this applies equally to employees, agents, and representatives of Pitter.
For full details, see FAIRCHARTER19 at THIS LINK.
Liability for Damages – Service
Service is provided in accordance with Applicable Law and these Terms.
If service is performed on the User’s property or equipment, the User must inform Pitter of any unusual characteristics or risks involved. Especially if mishandling could lead to damage.
Claims for damages from the User are excluded unless based on willful misconduct, gross negligence, or as required under Applicable Law. In all cases, damages are limited to typical and foreseeable losses.
If Pitter’s liability is excluded or limited, the same applies to its employees, agents, and representatives.
Pitter is not liable for damages caused by the use of information on this site for purposes beyond its intended scope.
Complaints and Dispute Resolution
As a User of our services, you have the right to file a written complaint using the following contact options:
- By email: service@pitter-croatia.com
- By mail: Tkon 88, Tkon, Republic of Croatia
We will confirm receipt of your complaint without delay.
A response will be provided within 15 days, clearly stating whether the complaint is accepted or not.
Disputes regarding online services may also be submitted through the Online Dispute Resolution (ODR) Platform at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. If both you (the User) and Pitter agree, the dispute may be forwarded to an appropriate Alternative Dispute Resolution body via this platform.
Intellectual Property Protection
By using our services, the User does not acquire any rights to use or display the trademark of Pitter (and/or Pitter Yachtcharter) or any third parties, even if such trademarks appear on equipment, devices, manuals, or documents.
The User may not disassemble, reverse-engineer, or reproduce any devices or systems on the Charter vessel for the purpose of creating similar or identical products. Equipment, manuals, and documents must not be used in a manner that damages the reputation of Pitter or any other party, especially not for illegal purposes. The User is liable for all damage caused in this regard.
Plans, texts, sketches, photographs, videos, quotes, and technical documentation are the intellectual property of Pitter or its licensors. This includes price lists, models, catalogs, brochures, images, etc. Any use, copying, distribution, publishing, or public display (even excerpts) requires Pitter’s explicit written consent.
The User is obligated to report any known infringements of Pitter’s intellectual property rights, even if committed by a third party.
Confidentiality
All Confidential Information, particularly relating to business, financial, or technical details (including vessel features and equipment) is considered a business secret of Pitter and must not be used, shared, or reproduced for commercial purposes. Upon request, the User must return or destroy all such information.
Personal Data Protection
Personal data provided by the User for contracting and service execution will be processed only for contractual purposes and where legally justified, in accordance with Applicable Law (especially the GDPR).
Final Provisions
If any clause of these Terms is or becomes invalid, the remaining provisions remain unaffected. In such case, a legally valid clause that best reflects the intent of the invalid provision shall apply.
For anything not regulated by these Terms, Applicable Law applies.
All disputes arising from these Terms are subject to the jurisdiction of the Commercial Court in Zadar, Croatia, and Croatian law shall apply.
These Terms take effect on the date of their publication on the Pitter website.
Any changes or additions to these Terms will be made and published on Pitter’s website and communicated in accordance with these Terms.
In Tkon, 18 July 2022.