Legal information

This website is intended for customers around the world to search and request bareboat and skippered yacht charter, aircraft charter, sailing school, cruises and other related services. The whole content of this website, the domain name, and the website itself is owned and managed exclusively by AEROYACHTING Ltd, Franje Nevistića 9A, HR-10000 Zagreb, Croatia, which is proven by the sign Copyright ©2018 AEROYACHTING Ltd., All rights reserved in the website footer. Copyright and Related Rights Act prohibit downloading, copying and/or reproducing website’s content. AEROYACHTING Ltd does not allow any copying, citing, downloading and using of the content of this website for any purpose without prior written consent from our side.

Using of this website is regulated by the applicable Croatian laws exclusively. Clients using this website and AEROYACHTING Ltd services, 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 authorised by jurisdiction to resolve the dispute.

AEROYACHTING Ltd regularly updates its website www.aeroyachting.com, including this Terms of Use as well as Cookies Policy and Privacy Policy sections, therefore it is the user’s responsibility to regularly check the content of the website’s legal framework.

Content

Information and content provided on this website, untill booked and confirmed by us, serve exclusively as indication and guidance. We pay utmost attention to provide as detailed and correct information as possible, but there are always possible mistakes. 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. 

AEROYACHTING Ltd  fully disclaims any and all liability that is in any way connected with the use of the website by users either by the use or misuse of the contents, and for any damage that may be caused to the user or to any third party in connection with the use or misuse of the content of the pages on this website.

AEROYACHTING Ltd strives to minimize technical errors when the website is being used, but cannot guarantee that all of the functionality to be always available, nor be responsible for any unavailability of the website.

AEROYACHTING Ltd is not responsible for the content, nor for the availability of other websites that are referred to by links. It is allowed to put a link of the website www.aeroyachting.com or its component parts on other websites.

Who we are?

AEROYACHTING Ltd for nautical services and travel agency is a company incorporated under the laws of the Republic of Croatia. It has been registered since 9th of May 2018 at the Commercial Court in Zagreb under the registration number 081170746. It is registered with Croatian Tax Authorities under the EU VAT number HR12450544100 and recognized in VIES. It carries worldwide operations with registered office in Croatia, Franje Nevistića 9A, HR-10000 Zagreb. AEROYACHTING (www.aeroyachting.com) is a brand name under which company AEROYACHTING Ltd is trading on worldwide market and performs its yacht charter and other related services.

What we do?

AEROYACHTING Ltd acts as an Agent for yacht charter companies, airlines, tour operators, corporations and other clients (herein commonly referred to as final service providers), connecting interested parties with worldwide market for a purpose of concluding business transaction. AEROYACHTING Ltd offers services of bareboat or skippered yacht charter, aircraft charter, sailing school, cruises and other related services under individual contracts with final service providers as their authorized Agent.

Every bareboat or skippered yacht charter, aircraft charter, sailing school, cruises 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 AEROYACHTING Ltd services, together forming a business relationship agreement between the AEROYACHTING Ltd and the customer. 

 

Booking, payment, cancellations and service takeover

The booking of services offered by AEROYACHTING Ltd is initially followed by an offer that is sent out to the customer (either requested by the customer or sugested by us), 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 of services offered by AEROYACHTING Ltd is finally confirmed when deposit payment indicated on the offer is paid by the customer and the cleared funds are received in the AEROYACHTING Ltd. bank account. All payments shall be done by bank transfer and executed net of bank fees. We reserve the right to recharge all bank fees not covered by the customer.

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.

AEROYACHTING Ltd issues pro-forma invoices for all deposit payments. After the service has been provided, we will issue final invoice including total cost for the service. In the deposit payments, all known costs at the time of booking are shown, specified and charged. AEROYACHTING Ltd reserves the right to recharge additional costs that may arise in connection to service booking between the time of booking placement and service takeover. This right also applies for additional services accordingly requested by the customer.

All AEROYACHTING Ltd services are offered exclusively on the pre-payment basis. Ontime payment constitutes essential part of the business relationaship agreement between AEROYACHTING Ltd, its final service providers and customers. If for any reason payment of the complete service or any instalment thereof shall not be made on the due date indicated on the offer, business relationship agreement between the AEROYACHTING Ltd and such customer will be immediatelly terminated without the AEROYACHTING Ltd having any responsibility towards the customer whatsoever. The customer may cancel any of the contracted services subject to cancellation policy of the each individual contract.

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, AEROYACHTING Ltd reserves the right to charge the VAT difference to the customer.

The services offered by AEROYACHTING Ltd can be taken over by the customer only once the pre-payment for the such services has been done in full and in timely manner. Once the takeover conditions has been met by the customer, AEROYACHTING Ltd will provide the client with all necessary documentation needed for service takeover.

Yacht charter – skipper qualifications

If you are experienced, qualified and licensed sailor you are eligible for bareboat yacht charter should you desire so. If you do not have enough experience or lack acceptable licenses, you may wish to charter a skippered yacht. Yacht charter provider reserves the right to check skipper competences before check-in and accept or refuse proposed skipper on its own discretion. When bareboat yacht charter is contracted, responsibility for adequate and acceptable skipper relies with the customer. In the event of skippered yacht charter, responsibility for adequate and acceptable skipper relies with the yacht charter agency (final service provider).

Aircraft charter – explained

All aircraft charter flights arranged by AEROYACHTING Ltd are carried out by certified commercial airlines under their valid AOC (Air Operator Certificate) issued by National Civil Aviation Agencies (Authorities), herein commonly referred to as final service providers.

Aircraft charter is a business transaction i.e. type of air transportation where the customer rents entire aircraft as opposed to buying a ticket for a single seat. Aircraft charter and charter flights are often referred to as air-taxi, ad-hoc or charter-chain flights, while customer that rents entire aircraft is usually referred to as a Charterer. Charter flight is an unscheduled flight operated on the city pairs and timings required by the Charterer and it is not published within scheduled airline network. Aircraft charter and/or charter flights can be private or public, carrying passengers or cargo.

Private passenger charter flights are typically operated out of private terminals (FBOs), usually serving individuals, corporations, sports clubs and music industry, while public charter flights are those commercial offerings of travel agencies or tour operators as a part of the leisure package or stand-alone air transportation to touristic destinations.

Aircraft charter price includes fixed and variable costs for aircraft, expenses for crew, including their salaries, training, certification, per-diems, hotel and transportation costs, aircraft line, heavy, scheduled and unscheduled maintenance, aircraft hull, passenger and third party insurance, as well as all direct operating costs and airline administration overhead. To better specify direct operating costs, aircraft charter price includes airport landing fees, passenger, aircraft and cargo ground handling, fuel costs, airport, terminal and enroute navigation fees, catering and any other costs associated by performance of the charter flight. There are certain fees and taxes that may and may not be included, like passenger departure and arrival taxes, security fees, boarding fees, royalties, cargo airport taxes, environmental taxes, catering and fuel supplement, which are usually expressed and charged per passenger or per kg of cargo basis, except for the fuel increase surcharge which is charged on actual fuel cost increase in relation to planned amount. Some airlines include these costs and call the charter price all inclusive, while other airlines offer price for charter flight with additional per passenger or cargo supplement charged on the flown passenger or cargo basis.

Limit of liability

AEROYACHTING Ltd, as Agent for final service providers, shall make available contracted services to the customer, as defined and specified in each individual contract and the customer shall take such services from the AEROYACHTING Ltd upon the terms and conditions set out in these Terms of Use and each individual contract with final service provider, forming part of the business relationship agreement between the AEROYACHTING Ltd and the customer.

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

By accepting services from AEROYACHTING Ltd, you strictly and exclusively agree on the following liability terms:

The AEROYACHTING Ltd 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 the AEROYACHTING Ltd that in any such event the customer shall only have recourse against the final service provider.

The AEROYACHTING Ltd 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, labour disputes, strikes or lock-outs or any other cause beyond the control of the AEROYACHTING Ltd or the final service provider.

The customer shall indemnify the final service provider and the AEROYACHTING Ltd against any claim arising out of any such variation, cancellation, non-availability or failure to perform service, provided always that if the AEROYACHTING Ltd 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, the AEROYACHTING Ltd 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 the AEROYACHTING Ltd against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the final service provider or by the AEROYACHTING Ltd and their respective officers, employees agents or subcontractors arising out of any act or omission of the customer or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.

The customer hereby acknowledges to the AEROYACHTING Ltd that it recognises that the AEROYACHTING Ltd acts only as Agent for the final service providers and that the AEROYACHTING Ltd 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 the AEROYACHTING Ltd 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 the AEROYACHTING Ltd and the customer.

Default of the final service provider

In the event that:

  • any yacht or aircraft required for the performance of contracted service is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or maritime or port and airport authority, or by way of lien or requisition for hire or otherwise); or
  •  if the final service provider has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business and as a result the final service provider is unable to perform the service at the same cost to the customer; or
  • if the final service provider becomes insolvent, enters into voluntary liquidation or is compulsorily wound up;

then the AEROYACHTING Ltd shall use its reasonable endeavours to find an alternative final service provider to perform such contracted service as may be affected by the occurrence of any of the above events, at the same cost to the customer.

In the event that the AEROYACHTING Ltd is unable so to do, the AEROYACHTING Ltd shall (provided that the customer has duly fulfilled its obligations hereunder) refund to the customer such part of the service price previously paid by the customer to the AEROYACHTING Ltd as relates to the affected service, provided always that the AEROYACHTING Ltd has not previously forwarded such amounts to the final service provider.  In the event that the AEROYACHTING Ltd is able to arrange an alternative final service provider to perform the affected service, but only at an additional cost, the AEROYACHTING Ltd shall notify the customer forthwith and the customer shall have the option to takeover the service provided by the alternative final service provider, provided that, if it so elects, it shall pay to the AEROYACHTING Ltd such additional costs upon demand.  If the customer does not so elect, the AEROYACHTING Ltd shall, (provided that the customer has duly fulfilled its obligations hereunder), refund to the customer such part of the service price previously paid by the customer to the AEROYACHTING Ltd as relates to the affected services (provided always that the AEROYACHTING Ltd has not previously forwarded such amounts to the final service provider) and the AEROYACHTING Ltd shall thereupon be under no further obligation to the customer in relation to the affected services.