General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF THE AGREEMENT FOR USE OF BERTH

IN MARINA “KREMIK”

 

The General Terms and Conditions of the Agreement for the Use of Berth in the Marina “Kremik” (hereinafter “General Terms and Conditions“) form an integral part of the Agreement for the use of berth in the Marina “Kremik” (hereinafter “the Agreement“) entered into between MARINA KREMIK d.o.o. Primošten, Splitska 22-24, PIN: 33994182010, (hereinafter “Marina“) and users of berths, owners of ships / boats / yachts (hereinafter together “Vessel“) and / or their proxies and representatives of the owners of the Vessel for which the Owner of the Vessel is responsible by law (hereinafter collectively and individually “Berth User“). The General Terms and Conditions apply to all Berth Users. When the content so requires, the term User shall be deemed to include the representatives of the Vessel owner or the person for whom the owner is responsible.

Article 1

The General Terms and Conditions shall apply to all Vessels accommodated within the Marina, and to all users of Marina’s services.

Article 2

The berth for the Vessel shall be determined by Marina pursuant to the Ordinance in the Marina’s port and its berthing plan. Marina shall be at liberty at any time, to move the Vessel to another berth as necessary, without the approval of the Berth User, and shall notify the Berth User of such action in a timely manner. Marina shall be at liberty, in its own discretion to move or to tow the Vessel, free of any charge, at the protected area of the Marina for the purpose of winter storage of the Vessel. Change of the berth position within the Marina during the time of the Agreement shall have no impact to the liability of the Marina.

Article 3

Berth rental service shall be deemed to have commenced if the Vessel is located within the Marina. The Berth User must register the Vessel’s presence with the Marina’s reception desk immediately upon arriving in the Marina.

Article 4

The Agreement shall be entered into for the period therein determined. The Berth User shall pay, by the due date, the berth fee determined in the Agreement, as well as any other charges in respect of services rendered within the Marina. Marina shall have right to request from the Berth User to provide the appropriate securities for payment of the berthing fees and/or any other any other claims for services provided by Marina (e.g. deposit by credit card in the amount of at least two tranches of yearly berthing fee or cash deposit in the amount of at least two tranches of yearly berthing fee or other payment security as appropriate). Otherwise, Marina shall have right to terminate the Agreement and charge a daily berth fee pursuant to the current Price list of Marina.

Article 5

In a case of premature termination of the Agreement the Marina shall not refund the paid amounts.

Article 6

For the berthing services in the period of one month or more, the Agreement will be concluded in writing. For all Vessels located within the Marina without the Agreement concluded in writing, the Marina has the right to apply the fee for the daily berth pursuant to the current Price list of Marina. For the berthing services with duration less than a month, or for Vessels on a daily berth, Marina will issue an invoice. Marina does not take the responsibility for Vessels on a daily berth. Vessels on a daily berth remain at the risk and responsibility of the Berth User. Marina shall have a right to reject any Vessel who left without paying.

Article 7

When booking a monthly or yearly berth the Berth User shall be required to pay an advance of the berthing fee in accordance with Marina’s current Price list. The advance shall be considered as forfeit money. Should the Berth User decide not to enter into the Agreement and not to rent the berth, the Berth User shall not be entitled to a refund of the advance.

Article 8

The price of using the yearly berth includes one parking space for a personal vehicle, which must be reported to the Marina reception. The Marina is not responsible for any damage caused to vehicles during the use of the parking space in the Marina.

Article 9

The Agreement is not assignable to other natural person or legal entity without the prior written consent of the Marina.

Article 10

If the Berth User sells the Vessel during the duration of the Agreement, the new owner of the Vessel is bound to enter into a new Agreement, provided that by purchasing the Vessel the new owner does not acquire any rights from the previous Agreement. If the Berth User purchases a new Vessel during the term of the Agreement, he is obliged to conclude a new Agreement for the use of berth and to pay the difference in price (if any).

Article 11

For Vessels involved in charter activities in the Marina, the price of the yearly berth would be increased for 10% (unless explicitly otherwise agreed), and a flat fee for electricity, water and utilities.

Article 12

The Berth User shall be deemed to have taken over the Vessel at the time of entering the Vessel and / or taking over the documents and keys of the Vessel at the reception of the Marina. After the Vessel is taken over, the Marina is released from any and all liability in respect of the Vessel whatsoever, regardless of whether the Vessel is berthed and/or dry docked in the Marina or in navigation.

Article 13

Where the registered owner of the Vessel is a bank or a leasing company or other natural person or legal entity, the Agreement shall be entered using the name and seat of the bank or the leasing company in addition to the Berth User’s, all having joint and several liability in respect of the obligations from the Agreement. In all the cases when the Berth User and the owner of the Vessel are not one and the same person, Marina shall inform the owner of the Vessel of the Agreement entered into and of possible outstanding debts.

Article 14

All Vessels entering the Marina must have all necessary certificates of seaworthiness, valid insurance cover and be maintained in seaworthy condition in accordance with applicable regulations, and while in navigation they must be operated by a qualified person with a valid certificate and a sufficient number of qualified and licensed crew in accordance with regulations, otherwise Marina does not take any responsibility for them, and may deny access and provision of services.

Article 15

Marina does not monitor individual Vessels and the condition of the Vessel unless such service is specifically agreed in writing. Marina is monitoring its port area by periodical visits by marina security service, and therefore the Marina is not obliged to inform the Berth User about the condition of the Vessel.

Article 16

The User, the crew and/or any other persons on board the Vessel shall be required:

  • on entering an Agreement in writing, to submit to Marina a copy of a valid personal identity document (identity card or passport) and of the Vessel’s documents (Transcript of Registry/Sailing permit or other document of equivalent content), to submit a copy of a valid mandatory and all-risk insurance policies for the Vessel, and keep to the Vessels documents and insurance policies valid during the time of the Agreement;to submit an excerpt from the Register of Companies of the respective country or other appropriate register (if the Vessel is owned by a legal entity), authorization for concluding the Agreement and use of the Vessel (in cases when the Agreement is not concluded by the Vessel owner) and from the excerpt from the Register of Companies the authority of the signatory is not visible. Marina reserves the right to request additional documents or certificates that it deems necessary or appropriate in a particular case;
  • report to Marina any change of postal and e-mail address; it is considered that the Marina’s messages sent to the last known address of the Berth User are dully delivered;
  • notify Marina of any change of telephone numbers to which the Berth User may be contacted in the event of an emergency; Marina does not take responsibility for damages that could have been prevented in the case the Berth User was able to contact on the phone number indicated in the Agreement;
  • keep all movable property of the Vessel locked in the enclosed space of the Vessel;
  • for Vessels under customs procedure or temporary import, submit documents from which it is visible when the Vessel entered the Republic of Croatia (by land or sea), or inform the Customs about the temporary departure from the customs territory when leaving the Vessel;
  • timely to regulate the customs status of the Vessel, and submit to the Marina evidence of regulated customs status, as well as comply with all customs and other regulations of the Republic of Croatia. Otherwise, the Berth User will be bound to reimburse the Marina for all costs that may be incurred by the Marina due to such failure, including all fines and other charges that may be incurred by the Marina due to the Berth User’s failure to regulate the customs status of the Vessel;
  • to have proof (EU residents) that the customs and / or VAT in respect of the Vessel has been settled in one of the EU Member States, or that the Vessel has the status of Community goods;
  • to comply with the General Terms and Conditions and the “Ordinance in the Marina’s port “. Due to non-compliance with the said, Marina has the right to terminate the Agreement;
  • report each arrival / entry and each departure / sail away to the Marina reception or by contacting the Marina crew on duty in case the reception is not open;
  • at each entry into Marina, to hand over the navigation permit at the reception, until the next departure;
  • to take care that all mobile equipment of the Vessel from the Inventory list is properly stored (locked) so that theft cannot occur without breaking;
  • when leaving the Marina, hand over the keys of the Vessel to the reception, otherwise the Berth User will be liable for any damage caused to third parties, other vessels in the Marina and / or the property of the Marina as a result of this omission;
  • upon departure from the Marina, hand over to the reception of the Marina the documents of the Vessel, in the original (for Vessels under the Croatian flag), and for foreign Vessels the confirmation of payment of fees for safety of navigation and protection of the sea from pollution, in original;
  • to provide, at their own expense a cable and plug for connecting the Vessel to the Marina’s supply connection box. Berth User is solely liable for any damages arising out of or in connection with the cable connected to supply connection box;
  • each time they leave the Vessel, to unplug and disconnect all electrical cables and plumbing fittings, and to lock the Vessel and her deck windows from inside. Marina shall not be liable for any damages caused by the failure of the Berth User to lock the Vessel, as well as for the damages caused by the installation of the Vessel (so-called ship installation). If the Berth User (for any reason) wants the Vessel to be permanently connected to the electricity, he is obliged to inform the Marina accordingly, and will be held liable in case of damage caused by it, while the Berth User is obliged to provide a copy of a valid risk insurance policy to the Marina reception against third parties, in advance;
  • make sure that the Vessel is berthed in accordance with the instructions of the Marina staff, at a safe distance from the pier and with fenders placed on the sides and stern of the Vessel. Secure and maintain mooring ropes from the Vessel to the pier in good condition;
  • make sure that the Vessel is equipped with appropriate mooring ropes and the appropriate number of fenders, and a quality tarpaulin. If the Berth User fails to do so, Marina may in exceptional cases, in order to prevent greater damage, equip the Vessel with quality ropes and fenders at the expense and cost of the Berth User, without prior notice, whereby Marina does not undertake to monitor the Vessel;
  • equip the Vessel with an automatic fire extinguishing system, and maintain that system through the necessary periodic calibrations of the system;
  • place an eco-sponge or similar device in the bilge of the Vessel that collects contaminants that may occur as a result of a technical defect or non-maintenance of the Vessel, and the bilge discharge system may cause to reach the sea directly;
  • display a visible mark (name or registration number) on the Vessel;
  • to compensate damages incurred to other Vessels, vehicles, third party equipment and other property located in the Marina, caused by the Berth User, crew and / or other persons on the Vessel of the Berth User or which occurred as a result of poor maintenance of the Vessel or her equipment;
  • for the purpose of perform the required works on the Vessel, provide the Marina staff with all the technical documentation of the Vessel from which the manner of solving the technical task can be accurately observed;
  • warn the Marina staff of the equipment on the underwater part of the Vessel and provide accurate information on its position, especially when lifting the Vessel;
  • For the Vessels that spend the winter on land or use the dry berth service, it is mandatory to remove the mainsail and jib, as well as bimini and sprayhood;
  • to pay the berthing fee for the Vessel on an annual, winter or monthly berth, in advance;
  • to use the berth exclusively for berthing of the Vessel that has been reported and for which the service has been paid. By the departure of the Vessel before the expiration of the Agreement, the Berth User has no right to transfer the Agreement to another Vessel, but in that case a new Agreement shall be concluded. When selling the Vessel, the owner is obliged, before transferring ownership to the new owner, to settle all outstanding claims of the Marina;
  • to comply with applicable regulations regarding stay and navigation within the boundaries of Croatian territorial waters.

Article 18

Marina undertakes:

  • procure, maintain and, if necessary, change two bow moorings (anchor rope) and laces (connection of anchor rope and shore);
  • enable the Vessel to be supplied with electricity according to the possibilities of the network and the worthiness of the socket on the energy cabinet;
  • monitor and maintain energy cabinets;
  • provide the Vessel with water supply and the worthiness of the tap on the energy cabinet;
  • in case of visible protrusion of the water and / or fire, intervene and take all actions in order to save the Vessel and the property of the Marina at the expense of the Berth User;
  • in case of burglary, reimburse the cost from the insurance to the Berth User in accordance with the valid policy, and in the value approved by the insurance company;
  • in the event of damage caused by the work of Marina employees, reimburse the cost in accordance with the applicable policy, and in the amount approved by the insurance company;
  • in case of damage to the Vessel caused by other Vessels and / or third parties, inform the competent authorities (Harbor Master’s Office and Maritime Police);
  • in case of sudden storms, and in cooperation with the Harbor Master’s Office, to prohibit sailing from the Marina in order to save lives and property at sea;
  1. 19. The Marina shall not be liable nor bound to compensate any damages if damages to the Vessel or any part of it occurs due to:
  • force majeure, as the term is defined by the Obligations Act of the Republic of Croatia;
  • due to war, war-like events, work stoppages, riots and similar events;
  • malicious, negligent or unprofessional act of the Berth User and / or crew and / or other persons on the Vessel;
  • lack of maintenance, neglect, wear and tear of the Vessel and / or equipment;
  • hidden defects of the Vessel;
  • the fault of third parties or the fault of another Vessel;
  • Rodents on the Vessel;
  • loss of time, earnings, delays, use of vacations, etc.;
  • damage to equipment or the disappearance of equipment that was not inside the Vessel locked or disappeared without burglary;
  • damage and / or disappearance of fenders, awnings, anchors, ropes, propellers, auxiliary boats (dinghies, etc.), auxiliary outboard engines, electronic equipment of the assembly type and other equipment that the Berth User makes accessible to third parties may reach them without break, burglar, or use other form of forcible entry into closed parts of the Vessel;
  • theft or damage caused for any reason to paintings and objects made of precious metals, money or securities;
  • damage to cameras, radios, TVs and binoculars;
  • damages caused by unprofessionally performed or dilapidated electrical, gas or plumbing installation on the Vessel, or from the connection on the pier to the Vessel;
  • damages resulting from violation of the provisions of the Agreement, the General Terms and Conditions and / or the “Ordinance on maintaining order in the port of nautical tourism”;
  • damages resulting from non-compliance with customs, port and other administrative regulations;
  • freezing;
  • theft of a vehicle or Vessel that could not be prevented with due care;
  • untrue, inaccurate or incomplete information provided by the Berth User;
  • Furthermore, the Marina will not be liable for costs or damages not caused by the direct liability of the Marina, and in particular damages:
  • wreck removal;
  • caused by cracking and / or untying of the rope by which the Vessel is moored to the pier / pontoon;
  • from a fire or explosion caused by non-compliance with fire protection regulations by the Berth User and / or crew and / or other persons on the Vessel, or caused by acts, omissions or omissions of the Berth User and / or third parties for which Marina is not responsible;
  • caused by harmful emissions from the air or the sea, of natural origin or caused by the act, omission or omission of a third party for which Marina is not responsible;
  • due to the disappearance of equipment that is not indicated in the list (Inventory list);
  • caused by third parties by their act or omission, including damages for which they are liable under strict liability principle by applying the institute of liability for damage caused by a dangerous object or activity;
  • damage due to injury or death of a third party caused by the crew, the owner, other authorized representative for which the owner of the Vessel is responsible or by a person authorized by the owner of the Vessel.

Article 19

The Marina shall not be liable for damages to the Vessel and damages caused by the Vessel, for which the Berth User did not immediately upon arrival of the Vessel in the Marina hand over to the reception the keys and documents of the Vessel, in the original.

Article 20

Notwithstanding the other provisions of these General Terms and Conditions, in the event of determining the liability of the Marina by the court or acknowledging of the liability by the Marina, the obligation of the Marina for compensation of damages is hereby agreed in the amount of actual damage, but up to maximal amount of the equivalent of HRK as per HNB (Croatian National Bank) middle exchange rate of:

– (40.000, – Eur,) for Vessels up to 8 meters of registered length,

– (80.000, – Eur) for Vessels from 8 to 12 meters of registered length,

– (100.000, – Eur) for Vessels over 12 meters of registered length,

regardless of any higher actually determined value of the damaged Vessel and / or equipment on the Vessel.

Article 21

For material and non-material damage to the property of the Marina, property of other Berth Users, and property of third parties, and for damage due to environmental pollution, caused by the crew of the Vessel or other persons authorized to stay on the Vessel, or as a result of a defect on the Vessel or Vessel’s equipment or as a consequence of poor maintenance of the Vessel or equipment, the Berth User shall be liable who by his own act or omission or by his property caused the subject damage.

Article 22

On the date of expiration of the period indicated in the Agreement for berth of the Vessel pursuant to the paid invoice, all liability of the Marina in relation to the Vessel ceases to exist. The risk for all possible damages incurred after the end of the billing period is exclusively on the Berth User.

Article 23

The Berth User may not take the Vessel out of the Marina until he has settled the debt and / or any other claim whatsoever of the Marina relating to the Vessel.

Article 24

The Berth User may not permanently or temporarily rent the berth to third parties.

Article 25

In the absence of the Vessel of the Berth User from the berth, the Marina has the right to temporarily use the berth, while the Berth User is obliged to notify the Marina 24 (twenty four) hours before the return of the Vessel by phone or radio (channel ____). The Berth User is obliged to report any absence of the Vessel from the Marina. The absence of the Vessel from the Marina is not deductible from the price of the berth.

Article 26

The works ordered by the Berth User and other persons on the Vessel (explicitly authorized) outside the contractual obligation, shall be paid immediately after the performed work. Services of lifting of the Vessel shall not be performed without prior settlement of all debts. The customer is obliged to report any complaints in writing no later than 8 (eight) days after the completion of works. Complaints submitted beyond the specified deadline shall not be taken in consideration.

Article 27

Marina is not liable for damages caused by repairers, subcontractors, proxies of the Vessel owner and third parties, regardless of whether they provided services within the Marina with or without the permission of the Marina. The Berth User undertakes to use the services of the Subcontractors authorized by the Marina during the stay of the Vessel in the Marina, and to perform the service exclusively in the service zone of the Marina. The Berth User is not allowed to engage the work of third parties in the Marina without the prior written approval of the Marina and the payment of the appropriate fee.

Article 28

In case of any violation or non-compliance with the provisions of the Agreement, these General Terms and Conditions and Ordinance on maintaining order in the port of nautical tourism by the Bert User, crew and / or other persons on board the Vessel, Marina has the right to terminate the Agreement and charge a fee. for daily berth pursuant to the current Price list of the Marina.

Article 29

In order to secure and collect all due and outstanding amounts, Marina has the following rights:

  • the right of retention of the Vessel and / or the right to request registration of the mortgage over the Vessel all her equipment and appurtenances (whether on the Vessel or stored ashore) in the appropriate register, and / or right to request from the competent court (at the place where the Vessel is located) to obtain an interim measure prohibiting the sale of the Vessel and / or to obtain a interim measure prohibiting the disposal and sale of the Vessel;
  • initiate appropriate proceedings to recover its claims, as follows:
  • judicial sale of the Vessel;
  • out-of-court sale of the Vessel or taking possession of the Vessel and her use, in accordance with the provisions of the Maritime Code. In this regard, the excerpt from the business books of Marina represents valid evidence of the amount and maturity of the claim that Marina has against the Berth User and / or the Vessel on any grounds whatsoever;
  • any court or other proceeding it deems appropriate or desirable to achieve the above purpose;
  • at the expense of the Berth User, to move the Vessel to a dry berth without the consent of the Berth User, and the Marina has the right from that day to charge a daily berth fee on land pursuant to the current Price list of Marina, as well as other expenses;
  • The Marina is not obliged to provide the services of lifting the Vessel into the water or to provide any other services (including, but not limited to, cutting the access of the Vessel to the water and electricity supply) until the claims of the Marina towards the Berth User / Vessel are fully settled.

Article 30

By signing the Agreement, the Berth User consents to Marina that she may process his personal data for the purpose of improving services and for marketing purposes. The Berth User may withdraw his consent at any time by sending a notification to the e-mail address: marina-kremik@marina-kremik.com and may request correction of the recorded data via the same address.

Article 31

The Marina reserves the right to amend the provisions of the General Terms and Conditions, and the Users will be notified on the amendments in a timely manner.

Article 32

These General Terms and Conditions and the Agreement are governed by Croatian law. All disputes arising from and / or in connection with these General Terms and Conditions and / or the Agreement and / or any grounds between the Marina and the Berth User shall be submitted to the jurisdiction of the Commercial Court in Split, Republic of Croatia.

Article 33

The Agreement and the General Terms and Conditions are drawn up in the Croatian and English language. In the event of any conflict or discrepancy in the wording of the General Terms and Conditions in Croatian language and translation into other languages, the wording of the General Terms and Conditions in Croatian language shall prevail. Marina is not responsible for any discrepancies in the wording of the General Terms and Conditions in Croatian language and translations into other languages, as well as for any typographical errors.

Article 34

These General Terms and Conditions shall be effective as of December 8th 2021.

 

Marina Kremik d.o.o.