All rights and obligations arising from these General Terms and Conditions shall be governed by concession contracts and applicable laws and regulations governing the maritime domain.

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I DEFINITIONS

For the purposes of these General Terms and Conditions, the following terms shall have the meanings set out below:

• ACI marina – means all marinas within the ACI d.d. system.

• Berth – a designated space in the sea or on land temporarily made available by the ACI marina to the User for the accommodation of a Vessel.

• User – means the User under the Contract; the person holding rights and obligations under the Contract and/or the user of the daily berthing service. If the owner of the vessel is a bank or leasing company, such legal entity shall also be entered into the Contract. If the User is not the owner of the vessel, the User shall be required to present the owner’s authorisation for entering into the Contract and shall be jointly and severally liable with the owner for all obligations arising from the Contract.

• Vessel – means any boat, yacht or other watercraft berthed in the ACI marina

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II GENERAL PROVISIONS

2.1. APPLICATION AND ACCEPTANCE

(1) The General Terms and Conditions shall apply to all vessels located in ACI marinas.

(2) By using the berth, the User confirms that they are familiar with these General Terms and Conditions and fully accept them.

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2.2. PROVISION OF SERVICES

(1) The provision of berth services shall commence when the vessel is in the ACI marina area and its arrival has been registered at the reception desk.

(2) The provision of berth services shall continue for as long as the Vessel remains at the agreed, approved or allocated berth in the ACI marina and shall cease upon expiry or termination of the Contract, the expiry of the daily berth period, or the removal or departure of the Vessel from the ACI marina.

The mere act of the User boarding the Vessel, or taking possession of the vessel’s keys and/or documents, shall not in itself constitute termination of the berth service; however, should damage to the vessel occur thereafter (without fault on the part of ACI d.d.), ACI d.d. shall not be liable for such damage.

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2.3. CONTRACT

(1) For the use of a berth for a period of one month or longer, the Contract shall be concluded in writing for the term specified therein.

(2) The User shall pay, when due, the fee for the use of the berth and all other services provided in the ACI marina.

(3) The Contract is not transferable to third parties.

(4) All notices, invoices and correspondence shall be deemed duly delivered if sent to the email address specified in the Contract or if sent to the address specified in the Berthing Contract by recorded delivery with proof of receipt.

(5) Upon expiry of the period for which the Contract was concluded, the Contract shall cease to have effect unless, prior to such expiry, the contracting parties conclude a new Contract or an annex extending the Contract in writing. ACI d.d. may offer the User to enter into a new Contract, of which the User shall be notified no later than 30 days prior to expiry of the Contract (the User shall be sent an offer and a draft of the new Contract).

(6) If, upon expiry or termination of the Contract, the Vessel remains in the ACI marina, ACI d.d. shall be entitled, without such being deemed an extension of the Contract or entering into a new contractual relationship, to charge a fee in accordance with the applicable price list for the corresponding accommodation of the Vessel, relocate the Vessel to another wet or dry berth at the cost and risk of the User and/or owner, and undertake or initiate all actions and proceedings before the competent authorities for the purpose of determining the status of the Vessel, its removal, and the protection of the rights and claims of ACI d.d., in accordance with the applicable regulations.

(7) If ACI d.d. is unable to establish contact with the User, the owner or another authorised person within 30 days from the date the notice of expiry or termination of the Contract was duly sent, ACI d.d. shall be entitled to notify the competent harbour master’s office and/or another competent authority thereof and initiate the appropriate proceedings in accordance with the applicable regulations. Among other things, ACI d.d. may treat the Vessel which is the subject of the Berthing Contract as an abandoned vessel and initiate proceedings before the competent authority for recognition of the status of a good-faith finder.

(8) ACI d.d. shall notify the User of the expiry of the Contract and of the expiry of any extension thereof by email sent to the email address specified in the Berthing Contract. Proof of sending the email regarding the expiry of the Berthing Contract and the expiry of any extension thereof shall be deemed to constitute valid service of notice.

(9) If the User of the Berthing Contract has not entered an email address in the Berthing Contract, notices to the User shall be sent by recorded delivery with proof of receipt to the address specified by the User in the Contract. Notice regarding the extension of the Berthing Contract shall be deemed delivered on the date it is sent to the User. ACI d.d. shall be entitled to, and may, initiate proceedings before the competent authority for recognition of the status of a good-faith finder upon expiry of a period of 30 days from the date when the notice regarding expiry of the term of the extended Berthing Contract was sent.

(10) Automatic renewal of the Contract shall not be possible without the express consent of ACI d.d.

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2.4. AMENDMENTS TO THE CONTRACT

(1) If, during the term of the Contract, any change occurs in relation to the Vessel, its characteristics or the ACI marina, affecting the fee, the User undertakes to pay the price difference in accordance with the applicable ACI Price List.

(2) If amendments to the Contract result in a lower fee, the User shall not be entitled to a refund of the price difference.

(3) In the event of changes relating to the Vessel, its characteristics or the ACI marina, the User shall be offered the possibility to enter into a Berthing Contract in order for such changes to be set in writing.

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2.5. EXPIRY AND TERMINATION OF THE CONTRACT

(1) The Berthing Contract shall cease to have effect:

– when the term covered by the Contract expires;

– upon the death of the User or if the User is unable to pay their debts, or, in the case of a legal entity, where a decision on liquidation has been adopted or a court decision appointing an insolvency administrator has been issued, or any other similar proceedings have been initiated.

(2) ACI d.d. may terminate the Contract:

– if, even after warning, the User fails to fulfil their material obligations under the Berthing Contract (e.g. making the berth available to third parties, using the berth contrary to the Berthing Contract and the Terms and Conditions, failure to comply with the instructions of ACI d.d.)

– if the User breaches the provisions of the Special Purpose Port Regulations and all other internal regulations of ACI d.d., provisions governing public order, or similar applicable regulations.

(3) The User may terminate the Contract by written notice given at least 30 days in advance. Written notice of termination must be sent to ACI d.d. by recorded delivery with proof of receipt and shall be deemed delivered on the day ACI d.d. receives the item.

(4) In the event of termination of the Berthing Contract, ACI d.d. shall not refund any sums already paid.

(5) In the event of termination due to breach of contractual obligations by the User, ACI d.d. shall be required to deliver written notice stating the reasons either by email to the email address specified in the Berthing Contract or by recorded delivery with proof of receipt. If written notice of termination is sent by recorded delivery with proof of receipt and the proof of receipt is returned indicating that the User did not receive the item due to a change of address or failed to collect it, the notice shall be deemed duly delivered (provided that the notice was sent to the address specified by the User in the berthing contract or in a subsequent written notice to ACI d.d. regarding change of address stated in the Berthing Contract).

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2.6. ADVANCE PAYMENT AND REFUNDS

(1) To book an annual berth, the User shall pay an advance payment in accordance with the applicable ACI d.d. Price List.

(2) The advance payment made shall be deemed cancellation fee in the event of withdrawal from the Contract prior to its conclusion.

(3) Refunds under Contracts shall not be possible unless expressly otherwise provided for in these General Terms and Conditions.

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2.7. DAILY BERTH

(1) A daily berth may be booked exclusively through the online booking service, by email, telephone, VHF communication or other communication channels made available by ACI d.d., no later than 24 hours prior to arrival at the marina, unless ACI d.d. exceptionally approves otherwise. The booking shall be valid when ACI d.d. sends written confirmation to the User by email or through the communication channel through which the booking was made or which the User specified for contact purposes.

(2) A daily Berthing Contract shall be deemed final and binding upon receipt of payment and confirmation by the ACI marina.

(3) The User shall, no later than 30 minutes before entering the marina, notify the marina of arrival by telephone or through the VHF channel designated by the ACI marina and request instructions for entry into the marina and mooring.

(4) In the event of non-arrival of the Vessel, delayed arrival without timely notice, unused berth booking or cancellation of booking for reasons not attributable to ACI d.d. , the sums paid shall not be refunded.

(5) If, due to force majeure, adverse weather conditions, safety reasons, technical reasons, a decision of a competent authority or other extraordinary circumstances which could not reasonably have been foreseen, avoided or prevented, ACI d.d. is unable to provide the berth that has been booked or an appropriate alternative berth, the User shall not be entitled to compensation for damages, loss of profit, travel expenses or any other damage, but only to the refund of the amount paid for the service not provided.

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2.8. SERVICE ORDERS

(1) All crane, travel lift and other boating services paid in advance must be used within two years from the date of payment for the service. Upon expiry of the two-year period, the User shall not be entitled to request a refund.

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III USER OBLIGATIONS AND RIGHTS

3.1. USER OBLIGATIONS

(1) The User may only be a natural person having full legal capacity or a legal entity. In the case of a legal entity, entering into a Berthing Contract on its behalf and undertaking any activities relating to the use of the services of ACI d.d. may only be made by a person legally authorised to act on behalf of such legal entity for that purpose. Upon arrival at the marina, an authorised representative shall, together with the required documentation, present the original or a certified copy of the relevant power of attorney or explicit authorisation to act, failing which ACI d.d. shall be entitled to terminate the Berthing Contract unilaterally due to fault on the part of the User.

(2) The User shall provide ACI d.d. with the required and valid vessel registration documents issued by the competent authorities of their country of origin, as well as a valid insurance policy with the minimum insurance coverage prescribed by Croatian law covering liability for damage to third parties and ACI d.d., all valid certificates, licences and all other documentation required by the applicable regulations, the Vessel’s flag state and the nature of the Vessel, and shall submit the same to the marina reception desk. The Vessel must be properly maintained, clean, in proper technical condition and suitable for safe accommodation at the berth and must not be neglected, dirty, visibly damaged or otherwise in a condition objectively detrimental to the order, safety, hygiene standards, appearance, reputation or service standard of the ACI marina. Where provided for by the Contract, the rules of a specific marina, or where requested by ACI d.d. for safety or operational reasons, the User shall hand over the vessel’s keys and documents to the marina reception desk against acknowledgement of receipt.

(3) The User must comply with the customs and tax regulations of the Republic of Croatia and the European Union.

(4) The User must maintain the Vessel and its equipment in accordance with the Inventory List, and the condition of the Vessel must furthermore comply with generally accepted safety standards.

(5) The User must comply with the Nautical Tourism Port Regulations of each ACI marina.

(6) The User must notify the marina of arrivals, departures and changes of contact details.

(7) The User must turn off electricity and water connections when leaving the Vessel.

(8) The User must ensure proper and safe mooring and maintain the Vessel’s mooring lines.

(9) The User must display the name or registration number of the Vessel.

(10) The User must report damage to the ACI marina within 24 hours of becoming aware of the damage and must provide photographs and a brief description of the incident.

(11) Prior to entering the ACI marina concession area, the User must report to the marina reception desk.

(12) The User must dispose of waste, oil and wastewater in accordance with environmental protection regulations and use the marina facilities designated for such purpose.

(13) When carrying out works on the Vessel, the User must use environmentally friendly tools (e.g. a sander with vacuum), environmentally friendly paints and appropriate protective equipment. ACI d.d. does not approve the use of inadequate tools. In the event of an accident, ACI d.d. shall not be liable where the User uses inadequate protective equipment or tools.

(14) The User must pay all amounts owed to ACI d.d. before departing from the marina with the Vessel.

(15) The User must notify ACI d.d. without delay and in writing of any change to the email address and residential or temporary address specified in the Berthing Contract.

(16) Repair or maintenance works on vessels in the Company’s marinas may be carried out by persons selected by the User only with the prior written approval by ACI d.d. In such case, the User must provide a statement confirming that such persons are lawfully employed or otherwise lawfully engaged and covered by the Croatian social security system, and that the User and/or the owner of the Vessel assumes full liability for any damage or personal injury caused by such persons to third parties.

(17) The User must fulfil all financial obligations under the Contract without delay and furthermore assumes responsibility for any obligations imposed by local self-government units (additional taxes, charges not forming part of the Contract).

(18) The User, the master or skipper, crew members, guests and other persons associated with the Vessel shall act in accordance with the Contract, these General Terms and Conditions, the Special Purpose Port Regulations, applicable regulations and instructions issued by the employees of ACI d.d., in such manner as not to endanger the safety of persons, vessels, property or the environment, disturb the peace, cause nuisance to other marina users or adversely affect the reputation or service standards of the ACI marina.

(19) ACI d.d. may terminate the Contract with immediate effect if the User, the master or skipper, crew members, guests or other persons associated with the Vessel seriously or repeatedly breach the provisions of the Contract, these General Terms and Conditions, the Special Purpose Port Regulations, applicable regulations or instructions issued by ACI d.d., in particular where their conduct or the condition of the Vessel endangers safety, order and peace, property, the environment, the reputation or service standard of the ACI marina, or where repeated and justified complaints are made by other marina users as a result thereof.

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3.2. USER RIGHTS

(1) to use the berth exclusively for the Vessel specified in the Contract

(2) to use the berth exclusively for the duration of the Contract or the daily berth period

(3) to use one parking space for the User’s personal vehicle during the term of the Contract, subject to prior notification to and confirmation by the ACI marina and subject to availability

(4) to supply the Vessel with electricity and water, subject to the ACI marina’s availability.

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IV OBLIGATIONS AND RIGHTS OF ACI d.d.

4.1. OBLIGATIONS OF ACI d.d.

(1) to monitor the condition of the Vessel and its mooring and carry out periodic external visual inspections of the condition of the Vessel and the mooring, without assuming any obligation to safeguard the Vessel, its equipment or interior, unless expressly agreed otherwise

(2) maintain the mooring and utility infrastructure

(3) provide electricity and water supply, subject to the ACI marina’s availability

(4) in the event of danger (fire, ingress of seawater), intervene at the User’s expense

(5) compensate for damage caused by the actions of its employees, in accordance with and up to the limit of the insurance policy coverage

(6) report damage to the competent authorities.

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4.2. RIGHTS OF ACI d.d.

(1) to assign berths to vessels and amend the terms of a booking requested by the User where ACI d.d. is able to accommodate the requested change. ACI d.d. shall confirm such change in writing.

(2) to reposition the Vessel, while notifying the User thereof in due time, except in extraordinary circumstances where notification shall follow subsequently. In the event of non-compliance with obligations arising from the Contract, the User hereby irrevocably and unconditionally authorises and appoints ACI d.d. to reposition the Vessel in accordance with the applicable legal provisions, within the marina area or to any other location chosen by ACI d.d., at the cost and risk of the User and/or the owner of the Vessel.

(3) ACI d.d. reserves the right, in the event of adverse weather conditions, technical difficulties, force majeure, safety reasons or other circumstances impossible or extremely difficult to foresee, to replace the originally agreed services, to the extent possible, with comparable services. This particularly applies to changes of berths within the marinas. If the above circumstances are sufficiently serious to prevent the marina from providing the booked services or would increase the cost of providing such services to an excessive extent, ACI d.d. shall have the right to cancel the booking. ACI d.d. may refuse acceptance of a Vessel for a daily berth or any other type of berth where it is established that the User, Vessel, master or skipper, crew members or other associated persons present a safety, security, operational or environmental risk (inappropriate or aggressive behaviour, obvious intoxication of the User and accompanying persons, refusal to comply with instructions issued by the employees of ACI d.d., technical unsuitability of the Vessel, lack of required documentation etc.).

(4) for the purpose of securing payment of claims:

a) to request a court order prohibiting the Vessel from departing

b) to retain the Vessel (right of retention)

c) to request registration of a mortgage over the Vessel, its equipment and appurtenances

d) to initiate appropriate proceedings for the recovery of its claims:

a. by judicial sale of the Vessel;

b. by extrajudicial sale of the Vessel;

c. by any judicial or other proceedings deemed appropriate or desirable for achieving the above purpose;

e) to relocate the Vessel to dry berth at the User’s expense;

f) to suspend provision of services until outstanding amounts have been paid;

g) the User hereby expressly confirms and agrees that extracts from or certified copies of the accounting records of ACI d.d. (open item statements and similar), as well as account statements or confirmations signed by an authorised employee of ACI d.d., shall constitute final, binding and conclusive evidence, save in the event of manifest error, against the User regarding the existence and/or amount of debt owed by the User to ACI d.d. under the Contract, including applicable default interest. Enforcement proceedings or any other judicial or extrajudicial proceedings may be initiated by ACI d.d. on the basis of the above evidentiary documents, including written statements or confirmations issued by ACI d.d.

(5) Any conduct by the User or accompanying persons contrary to the Special Purpose Port Regulations, the rules of ACI d.d. or general rules relating to public order, in particular damage to the infrastructure of ACI d.d. marinas or aggressive behaviour within the ACI d.d. marina premises or towards its employees, shall be deemed unacceptable and may constitute grounds for early termination of the Contract due to fault on the part of the User, without entitlement to refund of sums already paid under the Contract or other issued invoices.

(6) ACI d.d. shall have the right at any time to verify the actual dimensions, draught and other relevant characteristics of the Vessel. If discrepancies are identified between the actual characteristics and the information provided by the User, ACI d.d. shall have the right to charge the difference in the fee in accordance with the applicable Price List, change the allocated berth and require entry into an appropriate annex or a new Contract.

(7) During the Vessel’s absence from the contracted berth, ACI d.d. shall have the right temporarily to use such berth for other vessels. The User shall notify the marina of the Vessel’s return at least 24 hours in advance. The Vessel’s absence from the ACI marina shall not affect the amount of the contractual fee.

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V LIABILITY AND LIMITATIONS

ACI d.d. shall not be liable for:

(1) vessels whose keys and documents have not been handed over to the reception desk

(2) vessels using a daily berth

(3) damage arising as a result of:

a) force majeure, war, civil unrest and similar circumstances;

b) negligent conduct of the User and/or the Vessel’s crew

c) lack of maintenance, wear and tear or latent defects of the Vessel

d) acts of third parties or damage caused by rodents

e) loss of equipment kept outside enclosed and locked areas

f) defective electrical, gas or water installations

g) non-compliance with the Contract, these General Terms and Conditions or the Marina Regulations

h) non-compliance with customs or port regulations

i) freezing

j) inaccurate information provided by the User

k) damage caused by fire, explosion, emissions, wreckage and similar occurences

l) use of the parking space.

(4) ACI d.d. expressly disclaims all liability in cases where the User is unable, in whole or in part, to use the berth, services or additional services due to reasons not attributable to the ACI d.d. Marina and/or due to any force majeure event.

(5) ACI d.d. shall not be deemed liable for any delay in performance or failure to perform its obligations where such delay or failure is caused by extraordinary and unforeseeable events or events beyond its reasonable control, including but not limited to adverse weather conditions, severe wind gusts, tornadoes, floods, fires, lightning strikes, explosions, wars, strikes, contagions, epidemics, pandemics, endemic diseases caused by recurrent outbreaks, requirements imposed by governmental, civil or military authorities, any force majeure event, any accidental event, or any act or omission of any authority or third party.

(6) ACI d.d. does not guarantee uninterrupted supply of electricity, water or any other utilities. ACI d.d. shall not be liable for damage caused by interruptions to the water or electricity supply due to force majeure or technical difficulties.

(7) ACI d.d. shall not be liable for damage to the Vessel or damage caused by the Vessel if the Vessel’s keys and documents have not been handed over where such handover was agreed or requested pursuant to these General Terms and Conditions.

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VI PERSONAL DATA PROTECTION

Personal data shall be processed in accordance with Regulation (EU) 2016/679 (GDPR) and the Croatian Act on the Implementation of the General Data Protection Regulation.

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VII TRANSITIONAL AND FINAL PROVISIONS

These General Berthing Terms and Conditions are available on the ACI d.d. Website at: https://aci-marinas.com/hr/ and/or at the marina reception desks and shall be deemed an integral part of the Berthing Contract.

ACI d.d. reserves the right to amend these General Terms and Conditions and the Price List in accordance with the applicable regulations. Amendments shall be published on the ACI d.d. official website and/or at the ACI marina reception desks and shall enter into force on the date of publication, unless another effective date is specified in the publication itself. Amendments shall apply to existing contractual relationships to the extent permitted by the applicable regulations and the nature of the contractual relationship.

ACI d.d. shall provide each User with a copy of these General Terms and Conditions upon signing the Berthing Contract. A User whose Berthing Contract is being extended shall be provided with a copy of the General Terms and Conditions in force on the date of extension of the Berthing Contract.

In the event of any discrepancy between the Croatian text and the translation, the Croatian-language version shall prevail.

Jurisdiction over all disputes shall lie with the competent court in Rijeka.

These General Terms and Conditions shall enter into force on 1 June 2026.