LEGAL WEBSITE DOCUMENT

TERMS AND CONDITIONS

Cruise and Yacht Charter Booking Intermediary

Company: Polaris Yachting, vl. Ivana Tomić Kalina

Website: https://www.polaris-yachting.com

Effective date: 20 May 2026

These Terms and Conditions (the “Terms”) govern use of https://www.polaris-yachting.com and booking-intermediation services provided by Polaris Yachting, vl. Ivana Tomić Kalina. Please read them before submitting any booking request. The Provider’s own terms also apply to the cruise, yacht charter, vessel hire or related travel service selected by the Customer.

1. About the Company

Polaris Yachting, vl. Ivana Tomić Kalina, a seasonal sole proprietorship (craft) registered for tourist agency activities incorporated or registered in the Republic of Croatia, with registered office at A. G. Matoša 1, 21314 Jesenice, Croatia, OIB 48574245673, registration number 98495291, email [email protected], telephone +385 91 793 2955 (the “Company”, “we”, “us” or “our”).

Consumer complaints may be submitted to [email protected] or by post to A. G. Matoša 1, 21314 Jesenice, Croatia. Our tourism-business registration and any legally required licence or register details are: Croatian Register of Tourist Agencies, entry no. 1160.

2. Definitions

3. Scope and Status as Intermediary

3.1 Unless a specific offer or Booking Confirmation expressly states that the Company is the organiser or supplier, the Company acts solely as a booking intermediary between the Customer and the Provider.

3.2 The contract for performance of the Travel Service is concluded directly between the Customer and the Provider. The Provider, not the Company, is responsible for operating the vessel and performing the Travel Service in accordance with the Booking Confirmation, Provider Terms and applicable mandatory law.

3.3 Our intermediation includes communicating availability and information received from Providers, forwarding Booking requests and communications, and assisting with reasonable administrative enquiries. It does not include operating, controlling or supervising any vessel or Provider.

3.4 Nothing in these Terms excludes any status, duty or liability that applies to the Company under mandatory law. If a transaction legally constitutes a package travel arrangement, linked travel arrangement or another regulated arrangement despite its description, the applicable mandatory legal rules prevail.

3.5 These Terms govern the relationship between the Customer and the Company. They do not govern or amend the commercial relationship between the Company and a Provider unless that Provider separately accepts them in writing.

4. Information Before Booking

4.1 Before submitting a Booking request, the Customer must review the offer, Provider identity, itinerary or charter details, total price, payment schedule, cancellation terms, passenger or crew requirements and all Provider Terms supplied or linked with the offer.

4.2 Information regarding a Travel Service is based on material supplied by the Provider. We take reasonable care when transmitting that information but may correct an obvious error and are not responsible for an inaccuracy originating from the Provider unless we knew or reasonably should have known that the information was incorrect.

4.3 Photographs, layouts, vessel descriptions, routes and schedules are illustrative unless expressly included as binding elements of the Booking Confirmation. Operational, navigational, safety, weather and port requirements may affect the final service.

4.4 The Customer must ask for clarification before Booking if any term, price, cancellation condition or service description is unclear.

5. Booking Process and Contract Formation

5.1 A website form, email enquiry, quotation or availability indication is not a confirmed Booking. The Customer’s request is an offer to book subject to Provider acceptance and availability.

5.2 A Booking becomes binding only when the Provider or the Company acting within the Provider’s authority issues a written Booking Confirmation and any required deposit or initial payment has been received by the Provider, unless the Booking Confirmation states otherwise.

5.3 The Customer must check the Booking Confirmation immediately and report any error without delay. Names must match the relevant travel documents.

5.4 The Customer making the Booking confirms that they are at least 18 years old, have authority to act for every named traveller and will provide these Terms and the Provider Terms to all travellers before the Booking is confirmed.

5.5 A person booking on behalf of a company, agency or other organisation warrants that they have authority to bind that entity.

6. Prices, Payments and No Payment Guarantee

6.1 Prices, currency, taxes, mandatory fees, deposits and payment dates are stated in the offer or Booking Confirmation. Unless expressly stated otherwise, optional extras, travel to the departure point, insurance, visas, gratuities, port charges and personal expenses are not included.

6.2 The Customer pays the Provider directly using the instructions stated in the Booking Confirmation or Provider invoice. The Company does not receive, hold or safeguard Customer funds for the Travel Service unless expressly confirmed otherwise in writing for a specific Booking.

6.3 The Customer is solely responsible for ensuring that each payment reaches the Provider in cleared funds by the stated deadline and for retaining proof of payment. Bank fees, card fees, exchange-rate differences and payment-provider charges are borne as stated in the Booking Confirmation or Provider Terms.

6.4 The Customer’s failure or refusal to pay does not transfer that payment obligation to the Company. The Company does not guarantee, insure, finance or advance any amount owed by the Customer to the Provider.

6.5 The Company has no duty to monitor the Customer’s bank transfers, issue payment reminders, cancel an unpaid Booking or collect the Provider’s receivables unless the Company expressly accepts a specific obligation in writing. Any reminder, status enquiry or other assistance is a courtesy and does not create an ongoing duty or guarantee.

6.6 Non-payment does not necessarily cancel a Booking automatically. The Customer may remain liable under the Provider Terms until the Provider confirms cancellation in writing.

7. Provider Terms

7.1 The Provider Terms form part of the Customer’s contract with the Provider. Where they concern performance, payment, cancellation or operation of the Travel Service, the Provider Terms apply in addition to these Terms.

7.2 If these Terms conflict with the Provider Terms, these Terms govern the Company’s intermediation service and the Provider Terms govern the Travel Service, subject always to mandatory law.

7.3 The Provider may require passenger lists, security deposits, damage deposits, credit-card authorisations, licences, certificates, medical information or signed charter documentation. Failure to provide a required item may be treated under the Provider Terms as a Customer cancellation or breach.

8. Customer Changes and Cancellations

8.1 Any request to change or cancel a Booking must be made in writing to the Provider using the contact details in the Booking Confirmation, with a copy sent to [email protected]. A request is effective only when received and acknowledged by the Provider, unless mandatory law provides otherwise.

8.2 Cancellation charges and change fees are determined by the Provider Terms supplied before Booking. Depending on the timing and nature of the cancellation, they may include loss of deposit or up to the full Booking price, subject to applicable mandatory law.

8.3 The Company does not set, receive or retain Provider cancellation charges unless expressly disclosed for a particular Booking. Refunds of amounts paid directly to the Provider must be made by the Provider.

8.4 A Customer who believes that illness, accident, bereavement or another personal event may prevent travel should obtain appropriate cancellation insurance. Personal circumstances do not automatically waive Provider cancellation charges.

8.5 Where legally available, substitution or transfer to another traveller is subject to Provider approval, eligibility requirements and actual transfer costs.

9. Cooling-Off and Statutory Cancellation Rights

9.1 A statutory 14-day cooling-off right does not apply in all cases. Under applicable consumer law, it may be excluded for accommodation, vehicle hire, passenger transport or leisure services to be provided on a specific date or during a specific period.

9.2 Where a mandatory statutory right of withdrawal or cancellation applies, nothing in these Terms restricts that right. The Customer will receive any legally required information and instructions applicable to that Booking.

9.3 The cancellation rules for a package travel arrangement, if applicable, are governed by mandatory package-travel law and the organiser’s contract.

10. Changes or Cancellation by the Provider

10.1 The Provider may make changes required for safety, weather, navigation, port availability, mechanical, regulatory or operational reasons, subject to the Provider Terms and mandatory law.

10.2 If the Provider materially changes or cancels the Travel Service, the Customer’s rights to an alternative, price reduction, refund or compensation are determined by the Provider Terms and mandatory law.

10.3 We will use reasonable efforts to transmit material notices received from the Provider. The Provider remains responsible for the decision and for any remedy owed in respect of the Travel Service.

11. Travel Documents, Insurance and Customer Responsibilities

11.1 The Customer and each traveller are responsible for passports, visas, licences, vaccinations, health requirements, entry requirements and any document needed for the itinerary or charter.

11.2 Customers should obtain insurance appropriate to the Travel Service, including cancellation, medical, accident, repatriation, baggage and, where relevant, charter security-deposit or skipper-liability cover.

11.3 The Customer must disclose relevant mobility, medical, dietary or accessibility requirements before Booking so they can be referred to the Provider. The Company cannot confirm suitability without Provider approval.

11.4 Travellers must follow the lawful instructions and safety rules of the master, crew and Provider. The Provider may refuse carriage, boarding or continued participation where permitted by law and the Provider Terms.

11.5 The Customer is responsible for damage, loss, fines or additional costs caused by the Customer or travellers in their party to the extent provided by the Provider Terms and applicable law.

12. Cruises and Yacht Charters

12.1 Routes, ports, departure times and sailing areas may change for weather, safety, navigational, harbour-master or other operational reasons. The master has final authority regarding safe operation of the vessel.

12.2 For bareboat charters, the Provider may assess the skipper’s licence, qualifications and experience and may require a professional skipper at additional cost.

12.3 Security deposits, damage waivers, fuel, provisioning, marina fees, final cleaning, tourist taxes and optional extras are governed by the Booking Confirmation and Provider Terms.

12.4 Vessel substitution is governed by the Provider Terms and mandatory law. Any substitute should be reasonably comparable where the law or contract so requires.

13. Complaints and Problem Resolution

13.1 A problem arising during the Travel Service must be reported immediately to the Provider, vessel master or local representative so that the Provider has a reasonable opportunity to address it. The Customer should also notify us at [email protected] if assistance with communication is needed.

13.2 A complaint about our intermediation service may be submitted in writing to [email protected] or A. G. Matoša 1, 21314 Jesenice, Croatia. We will acknowledge and respond to a Consumer’s written complaint within the period required by Croatian law, currently 15 days from receipt.

13.3 A complaint about operation or performance of the Travel Service is primarily the responsibility of the Provider. We will reasonably assist in forwarding the complaint but do not decide the Provider’s liability.

13.4 Information about competent consumer alternative-dispute-resolution bodies will be provided where required by law. The former EU Online Dispute Resolution platform has been discontinued and is not used.

14. Our Responsibility

14.1 We are responsible for performing our own intermediation service with the care required by applicable law, including accurately forwarding Booking requests and material information received by us.

14.2 Because the Provider supplies and controls the Travel Service, we are not responsible for the Provider’s acts or omissions, vessel operation, itinerary decisions, service performance, insolvency or regulatory compliance, except to the extent that mandatory law imposes responsibility on us.

14.3 We are not responsible for loss caused by inaccurate information supplied by the Customer, failure to read the Booking Confirmation or Provider Terms, failure to pay on time, missing travel documents or failure to comply with Provider instructions.

14.4 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, gross negligence, death or personal injury where such limitation is prohibited, or mandatory Consumer rights.

14.5 For Consumers, liability is limited only to the extent permitted by mandatory law.

14.6 For Business Customers only, and to the fullest extent permitted by law: (a) we are not liable for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill or anticipated savings; and (b) our aggregate liability arising from a Booking is limited to the commission or service fee actually received by us in connection with that Booking. This limitation does not apply to liability that cannot lawfully be limited.

15. Business Customers and Travel Agencies

15.1 A Business Customer must ensure that all travellers receive the Booking Confirmation, Provider Terms and legally required information before they become bound.

15.2 A Business Customer may not make a representation, promise, warranty or variation on behalf of the Company or Provider unless expressly authorised in writing.

15.3 Unless a separate written agreement expressly provides otherwise, submitting a Booking does not make a Business Customer, the Company or another intermediary a guarantor of a traveller’s payment obligations.

15.4 Commission, credit, payment collection, cancellation responsibility, set-off and liability between the Company and a Provider or another travel agency must be governed by a separate written B2B agreement. These Customer-facing Terms do not create such rights between commercial intermediaries.

16. Website Use and Intellectual Property

16.1 Website content owned by the Company, including original text, layout and branding, may not be copied, republished or commercially exploited without written permission.

16.2 Provider photographs, descriptions, trademarks and other material remain the property of their respective owners and are used for legitimate booking and promotional purposes.

16.3 The Customer must not misuse the website, attempt unauthorised access, introduce malicious code, scrape content at scale or submit false Booking requests.

16.4 Links to third-party websites are provided for convenience. Their content, security and privacy practices are controlled by their operators.

17. Personal Data

17.1 We process personal data in accordance with our Privacy Policy at https://www.polaris-yachting.com/privacy-policy/. The Privacy Policy explains the purposes and legal bases of processing, recipients, international transfers, retention periods and data-subject rights.

17.2 Booking requires us to transmit necessary traveller information to the Provider and, where relevant, to operators, authorities, ports, insurers or other parties involved in performing the Travel Service.

17.3 The Customer must have a lawful basis to provide personal data relating to other travellers and must give them the Privacy Policy.

18. Communications

18.1 Booking communications may be sent electronically to the email address or telephone number supplied by the Customer. The Customer must keep those details current and monitor communications.

18.2 The Customer should retain the Booking Confirmation, Provider Terms, invoices and important communications on a durable medium.

18.3 A notice of cancellation, complaint or legal claim should be sent to the specific address stated in these Terms or the Booking Confirmation, as applicable.

19. Events Beyond Reasonable Control

19.1 Neither party is responsible for delay or failure in its own obligations caused by an event beyond its reasonable control, except for payment obligations already due and subject to mandatory law.

19.2 Rights relating to unavoidable and extraordinary circumstances, force majeure, Provider cancellation or package travel are determined by mandatory law and the applicable Provider Terms.

20. Changes to These Terms

20.1 The version accepted when a Booking is made applies to that Booking. We may update these Terms prospectively for legal, regulatory, operational or business reasons.

20.2 A later version will not retrospectively change a confirmed Booking unless the Customer expressly agrees or mandatory law requires the change.

21. Severability, No Waiver and Entire Agreement

21.1 If a provision is invalid or unenforceable, it will be limited or removed only to the minimum extent required, and the remaining provisions will continue to apply.

21.2 A delay or failure to enforce a right is not a waiver of that right.

21.3 These Terms, the offer, Booking Confirmation and Provider Terms constitute the relevant contractual documents. Mandatory pre-contract information forms part of the contract where required by law.

22. Governing Law and Jurisdiction

22.1 These Terms and the Company’s intermediation service are governed by the laws of the Republic of Croatia.

22.2 A Consumer retains the protection of mandatory law that applies in the Consumer’s country of habitual residence and may bring proceedings before any court having jurisdiction under applicable consumer law.

22.3 For Business Customers only, the courts having subject-matter jurisdiction at the Company’s registered office shall have exclusive jurisdiction, unless the parties agree otherwise in writing.

22.4 The Provider Terms may specify different governing law and jurisdiction for disputes concerning performance of the Travel Service.

23. Language

23.1 These Terms may be made available in more than one language. Consumers will receive information in the language and form required by applicable law.

23.2 In relations with Business Customers, the English version prevails to the extent permitted by law if translations conflict.

24. Contact

Company: Polaris Yachting, vl. Ivana Tomić Kalina

Registered address: A. G. Matoša 1, 21314 Jesenice, Croatia

OIB: 48574245673

Registration / licence: Croatian Register of Tourist Agencies, entry no. 1160

General enquiries: [email protected]

Booking support: [email protected]

Consumer complaints: [email protected]

Telephone: +385 91 793 2955

Website: https://www.polaris-yachting.com