Definitions, Terms & Conditions
The Charter App
At Sea Assistant
Definitions, Terms and Conditions
aSEAst In-app purchase activates this Agreement between The Charter App (TCA) provider, ManagerApp d.o.o., Dunajska 119, 1000 Ljubljana, Slovenia, Purchaser of the service (Client), based on the following Definitions, Terms, and Conditions:
aSEAst in-app purchase is based on the following understanding:
- The aSEAst is available in Croatian ONLY.
- The ManagerApp, as the provider of The Charter App, here referred to as TCA, which acts as the Sea Transport booking agent on behalf of Charter Clients, here referred to as Client.
- If the Client makes an an aSEAst call, then TCA accepts the Call, accesses the phone’s GPS location, and sends its data via SMS/email to quickly and efficiently organise Sea Transport on behalf of Clients.
- TCA immediately contacts Boat Providers, here referred to as BP, on behalf of Clients:
- TCA logistically manages the database of Boat Providers to find the closest and available BP.
- Boat Provider, acting as an independent agent, performing Sea Transport for TCA Clients and charges Clients directly.
- Acknowledgement: aSEAst is NOT a substitute for Vessel S.O.S. or the emergency 112 number.
The main reason for offering aSEAst in Croatia:
- The Croatian coast can get very busy during the Charter season.
- Medical transports (helicopters, boats) are not always available due to high demand.
- It is not always easy to find a local Doctor, Dentist, or even a Shop, especially in less populated areas/islands.
- It is not always easy to find available boat transport due to a busy period and lack of boats
- It is not always wise to move an entire crew / vessel (or use a dinghy), especially in unsafe conditions, like at parties, during severe weather conditions, or under similar circumstances.
- And because this plan is simply too smart, to easy and too affordable to not have it.
The main benefits of having aSEAst program
- Boat Providers are local people with local knowledge
- They know how to locate Dentists and Doctors, and to find help, shops, goods, etc.…
- VIP services; on-board supply (drinks, food, etc.), sight-seeing trips, regular routes, etc
- aSEAst covers the entire crew (per vessel / per booking)
- Make sure more crew members have an App installed to be able to make aSEAst calls.
- The App connects/integrates the crew
- Having one button for all your urgent needs at Sea.
- When you make a call, an SMS and/or Email is sent, providing the phone’s GPS location.
- If the Call cannot be made due to a low signal, SMS or an Email is usually sent successfully (low bandwidth)
- In this case, you will receive an SMS or App Notification to confirm the Call.
- Our professional 24/7 Calling/Data Centre is always ready to receive calls and organise the closest Boat Provider.
- We have an extensive database of Boat Providers and local people, from Istra to Dubrovnik.
- We even work with local residents who are willing to assist, especially in less populated areas.
- You pay for the Transport directly to BP:
- No urgent costs or additional services will be added.
- TCA takes NO commission (from BA or Client) for the Sea Transport.
- Prices are pre-set (per cost of gas), calculated by nautical mileage, as a set-in paragraph: Price of Transport.
- If you need the proof of costs (for your insurance company), then TCA will issue a detailed report of the Call, Transport arrangement, and Cost, which will be the base for claiming back the Transport costs from your insurance co. (in a case where the local Boat Provider could not issue an invoice at Sea, or you lost it).
“aSEAst” is an in-app-purchase that includes:
- all crew members under the same Charter Booking Code,
- coverage is only between Check-in and Check-out, made by your Charter Company
- each purchase is valid for one/first week – for example, for the second-week coverage, please purchase two aSEAsts, and so on
- The Check-in activates the aSEAst service, while Check-out completes the service.
“TCA Allowances,” by buying the aSEAst calling services, you agree and allow TCA to access your Phone, SMS, Email, and GPS location.
“Agreement” means this Agreement, where TCA organizes the aSEAst on behalf of the Client immediately after the Call was received.
“Boat Provider – BP” is the company or a person with a safe and registered vessel suitable for Sea Transport.
“Client or Passenger” means any person who uses aSEAst services or enters the BP boat.
“Booking” indicates an acceptance of the Call, SMS or Email providing the GPS location.
“Transport” means the trip with the Boat Provider.
“Boat” means any motor-powered vessel of the Boat Provider used for the Transport of Clients.
“Skipper/Captain” is an appointed person by the BP, who is navigating the BP’s Boat and is responsible for the safety and Transport of Passengers.
“Working hours” are from 00 to 24 hours every day of the week. TCA’s Calling Centre is available to accept calls and organise the Sea Transport throughout the entire Period specified in this Agreement.
“Period” is the time when the aSEAst service is in execution:
- One in-app purchase covers for one week (the second purchase covers the second week, and so on)
- aSEAst service is available every year, between April 1st and November 1st.
Terms and Conditions
“Payment” Client pays the Transport services directly to Boat Provider in Croatian Kunas or Euro currency. In the event of the Client’s payment default, TCA will set an official dispute in motion and inform the Charter Company about the incident.
Price of the Transport:
- Price for the URGENT Transport is pre-set per Nautical Mile:
- €13 – €15 per NM for up to 5 persons (additional person pays extra).
- Night tariff is from 1 AM to 7 AM, and it has a 30-40% surcharge.
- Day tariff is every day (Sundays included) from 7 AM to 00 AM.
- The price of a Nautical Mile is based on the cost of the gas as of May 2021.
- The price for the REGULAR routes (sightseeing trips, etc.) are standard (as offered by each BP).
- Price per hour of waiting: approximately €50.
- Price for cleaning of the boat in extreme cases: €10.
If the Client defaults to Pay for the Transport, the BP immediately calls the TCA and reports an incident. The TCA will immediately perform research and set the dispute in motion.
The Client CANNOT cancel the Transport once the booking was made and accepted. The Client can only pay the BP at the arrival, for the arrival, and take no further Transport. Paying for BP arrival and taking no further Transport is considered a successful cancellation.
The aSEAst Passengers are covered by the standard insurance policy of the BP. There will be NO BP insurance if only local people are available/hired, usually in the least populated areas.
The Captain can deny the Client on-board the boat if he judges that transport conditions are unsafe – in such cases, the Captain provides an explanation and possible solution. BP has the right to wait for the severe weather conditions to settle before proceeding with the Transport.
Performance of Services
BP aims to perform its services and Transport to the highest standards. The Client will have an option to contact TCA and report the complaint or an incident.
BP uses its judgement to drive the boat at reasonable speeds according to the prevailing Sea. The Client should not influence the Captain to exceed the speed.
Unless the Client suggests otherwise, BP agrees to use the shortest, fastest, and safest route to reach the desired destination. In severe weather or any other conditions at Sea, like regattas, events, etc., it is BP’s judgement to choose the best and most convenient route, whether or not it is the shortest.
BP cannot be held responsible for delays and prolonged journey durations due to circumstances beyond BP’s control, i.e. sea events, adverse weather conditions, etc.
BP chooses the most suitable boat type based on the number of passengers reported at the time of the booking. If a larger boat is used for the Transport (due to smaller boat unavailability), then the BP will not charge extra for the larger boat Transport.
All property and luggage of the Client remain the responsibility of the Client. BP accepts no responsibility or liability over lost or damaged baggage, either in transit or left in the boat.
BP has the right to refuse the carriage of luggage if judging that the volume, size, or weight jeopardizes the Transport.
Passenger Behavior, Warranties, and Liability
BP warrant that the Captain use his best judgement, safety, care, and skills to perform the Transport.
BP is held responsible for the behavior of all passengers and for informing them of safety. The Captain is responsible for ensuring that the party’s conduct does not threaten their own, the Captain’s, or any other person’s safety, either on-board or outside the boat. Safety vests should be worn at all times, and passengers should not lean off the boat or stand up for no reason.
If any passenger (by the opinion of the Captain) is carrying out any unacceptable behaviour, then the Captain may refuse to board that passenger to protect his and other passengers’ safety. In the circumstances that the Captain is refusing to take the Client on-board due to unacceptable behaviour, the Client must still pay the BP for arrival.
In cases of an extensive mess due to Client injury, or if any passenger causes any spillage, is sick on the boat, or in any other way causes the need to clean the boat, the BP may charge a small cleaning fee.
The BP determines the boat’s maximum seating capacity.
Clients and Boat Providers use their own liability coverages. The TCA is NOT in any way responsible for the BP or Passengers.