The ADRIATIC CROATIA INTERNATIONAL CLUB, za djelatnost marina d.d. General Terms and Conditions of Berth Use (hereinafter “General Terms”) constitute an integral part of the ACI Marina Berth Rental Agreement (hereinafter “the Agreement”), entered into by ADRIATIC CROATIA INTERNATIONAL CLUB, za djelatnost marina d.d, R. Strohala 2, 51000 Rijeka, Croatia, ID No.(OIB): 17195049659 and the vessel user (hereinafter ”the User”).
For the purpose of these General Terms and Conditions, the following definitions shall apply:
- “ACI d.d.” means ADRIATIC CROATIA INTERNATIONAL CLUB, za djelatnost marina d.d, R. Strohala 2, 51000 Rijeka, Croatia, ID No.(OIB): 17195049659
- “the ACI Marina” means the ACI d.d. marina in which the Vessel is accommodated;
- “the User” means the vessel’s registered owner and/or user and/or berth user. Where the context so requires, the word “User” shall also include the owner’s representatives and/or any person(s) for whom the owner is accountable in pursuance with the law.
- “the Vessel” means any boat and/or yacht and/or small boat berthed within the ACI Marina;
1. The General Terms and Conditions shall apply to all Vessels accommodated within the ACI Marina;
2. The berth for the Vessel shall be determined by ACI d.d. ACI d.d. shall be at liberty at any time to move the Vessel to another berth as necessary, and shall notify the User of this in a timely manner unless prevented by extraordinary circumstances, in which case such notification shall be made subsequently.
3. Berth rental service shall be deemed to have commenced if the Vessel is within the ACI Marina and if the Vessel’s presence has been registered with the ACI Marina’s reception desk. The User shall register the Vessel’s presence with the ACI Marina’s reception desk immediately upon arriving in the ACI Marina.
4. The Agreement shall be entered into for the period therein determined. The 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 ACI Marina.
5. On booking a monthly or yearly berth the User shall be required to pay an advance on the rental fee in accordance with ACI d.d.’s current Price List. The advance shall be considered as forfeit money. Should the User decide not to enter into the Agreement and not to rent the berth, the User shall not be entitled to a refund of the advance.
Daily berths shall be bookable exclusively via the online booking service. All bookings must be made, and the booking fee and the berth rental fee paid, at least 24 hours prior to arriving in the marina. In case of a no-show, the amount paid shall not be refunded.
6. ACI Card users shall be allocated one vehicle (car) parking spot by ACI d.d. subject to its availability in the ACI Marina. The vehicle must be registered with the ACI Marina’s reception desk. ACI d.d. shall not be liable for any damage caused to vehicles during the period they were parked within the ACI Marina.
7. For a berth rental period of one month or above, the Agreement shall be made in writing. For any Vessel accommodated within the ACI Marina without a written Agreement having been entered into, ACI d.d. shall be entitled to charge the daily berth rental fee in accordance with ACI d.d.’s Price List. The ACI Marina shall issue an invoice for berth rentals under one month in duration, i.e. daily berth rentals. The ACI Marina shall not be liable for vessels in daily berths; the use of daily berths shall be the sole risk and liability of the User.
8. The Agreement is not transferable to other natural or legal persons. The User shall be entitled to terminate the Agreement at any time provided written notification to that effect is submitted no later than 30 (thirty) days in advance. The Agreement shall be terminated with effect from the date the Vessel is collected by the User subject to the total fee from Article 3, Paragraph 1 hereof having been settled by the User. If the Agreement is terminated, ACI d.d. shall not reimburse any monies paid for berth rental.
9. Should the User purchase another Vessel during the Agreement’s period of validity, the User shall be required to enter into an Annex to the existing Agreement. If the new Vessel in the Annex is liable for higher rental charges than the old Vessel, the User shall settle the difference; if the new Vessel in the Annex is liable for lower rental charges than the old Vessel, the User is not entitled to a refund of the difference.
10. The User shall be deemed to have collected the Vessel at the moment of getting aboard it and/or at the moment that the Vessel’s documents and keys have been collected from the ACI Marina’s reception desk. Upon the Vessel’s collection by the User, ACI d.d. shall be released from any liability whatsoever, regardless of whether the Vessel remains berthed within the ACI Marina or has set sail.
11. Where the registered owner of the Vessel is a bank or a leasing company, the Agreement shall be entered using the name and seat of the bank or the leasing company in addition to the User’s, all having joint and several liability in respect of the obligations of the Agreement. In all the cases when the User and the owner of the Vessel are not one and the same person, ACI d.d. shall inform the owner of the Vessel of the Agreement entered into and of outstanding debts.
12. The User, the crew and/or any other persons on board the Vessel shall be required:
· on entering a written Agreement, to submit to ACI d.d. a photocopy of a valid personal identity document (identity card or passport) and of the Vessel’s documents (Transcript of Registry/Vessel’s Licence or any other document of equivalent content), to submit a photocopy of a valid insurance policy for the Vessel, an Inventory List form listing all objects and equipment on board the Vessel, to submit a certificate of the related country register of companies or of any other corresponding register (if a legal person is the owner of the Vessel), an authority to enter into Agreement and use the Vessel, if the owner has not entered into the Agreement, or if the authority to represent the person willing to enter into Agreementdoes not result from the register of companies certificate. ACI d.d. shall have the right to require any additional documents or certificates deemed by ACI d.d. to be necessary or appropriate in particular cases (for example: VAT and identification number (OIB) for EU citizens);
· for vessels, to which the temporary import regime applies, it is obligatory to have on board of the vessel a document proving that no more than 18 months have passed from the moment of entry into the territorial waters of the Republic of Croatia, as well as to meet all obligations pursuant to the customs rules of the Republic of Croatia in a timely manner;
· to keep any movable property belonging to the Vessel, and duly entered in the Inventory List, under lock and key in a secure enclosed space on board the Vessel, and to notify the ACI Marina of any changes in the Inventory List;
· to strictly abide by these General Terms and Conditions and the ACI Marina Port Rules and Regulations. Should any of their provisions be violated, ACI d.d. shall be entitled to terminate the Agreement;
· to register their arrival/sailing in and each departure/sailing out with the ACI Marina’s reception desk or, outside the reception desk office hours, with the officer on duty;
· to inform ACI Marina of any change of address and of other lines of communication. Consignments are said to be properly sent by ACI d.d. if they are sent to the berth User’s address or to the address of the on Agreement registered Owner of the Vessel;
· upon the User’s leaving the ACI Marina, to deposit at the reception desk the Vessel’s original documents (sufficient if the Vessel is Croatian-flagged) and the original document certifying payment of the navigation safety and pollution prevention fee, as well as the Vessel’s keys (if the Vessel is foreign-flagged);
· to provide, at their own expense, a cable and plug for connecting the Vessel to the Marina’s supply connection box;
· each time they leave the Vessel, to unplug and disconnect all electrical cables and plumbing fittings. The User shall have sole liability for any damage caused by the Vessel’s installations/fittings;
· to ensure that the Vessel is moored in accordance with the ACI Marina’s instructions, at a safe distance from the pier, and provided with side and stern fenders; to provide and maintain the stern mooring lines for the Vessel;
· to have the Vessel’s name or registration number prominently displayed on the Vessel;
· to pay compensation for any damage caused to a third party’s vessel, vehicle and/or equipment by the Vessel and/or the User and/or the crew and/or any other person on board the Vessel, or resulting from inadequate maintenance of the Vessel or its equipment;
· to inform the ACI Marina personnel of any equipment installed below the waterline and to specify its precise position, in particular when lifting the Vessel;
· to use the berth solely for accommodating the Vessel that is nominated in the Agreement and for which the berth rental fee has been paid;
· to abide by the current rules and regulations concerning the Vessel’s sojourn and sailing in Croatian territorial waters;
EU residents should always have on board some kind of proof that the customs and/or VAT have been paid for their vessel in one of the Member States.
13. ACI d.d. undertakes:
· to inspect the condition of the Vessel and its mooring lines and notify the User of any defects observed;
· to provide, maintain, and replace where necessary two head lines and top lines (connecting the head lines to the shore);
· to provide the Vessel with electric power subject to the power network capacity, and to ensure the proper functioning of the supply connection box socket;
· to inspect and maintain supply connection boxes;
· to provide the Vessel with a water supply, and to ensure the proper functioning the the supply connection box tap;
· to intervene in case of evident sea water penetration and/or fire and take any measures necessary for saving the Vessel and the ACI Marina’s property at the User’s expense;
· in case of any damage attributable to the ACI Marina personnel, to pay compensation in accordance with a valid insurance policy, and in the amount accepted by the insurer;
· in case of any damage caused to the Vessel by other Vessels and/or third parties, to notify the competent bodies (the Harbour Master’s Office and Marine Police) accordingly.
14. ACI d.d. shall not be held responsible and shall not be liable for any damage incurred by the Vessel or any of the Vessel’s parts or equipment in the cases of:
· force majeure, as defined in the Civil Obligations Act;
· war, war-like events, strike, civil unrest and similar events;
· any malicious, negligent or unprofessional action by the User and/or the crew and/or any other person on board the Vessel;
· poor maintenance, state of neglect, worn out or obsolete condition of the Vessel and/or equipment;
· any latent defect of the Vessel;
· the fault of a third party or another Vessel;
· rodents on board the Vessel;
· any damage to or loss of equipment not on the Inventory List, or equipment included in the Inventory List yet not kept under lock and key in an enclosed space, or equipment found missing without the enclosed space having been broken into;
· loss of fenders, awnings, anchors, ropes, propellers, auxiliary vessels (inflatable dinghies and similar boats), auxiliary outboard engines and/or other equipment made accessible by the User to third parties without breaking in, burgling, or otherwise gaining entry to enclosed spaces aboard the Vessel by force;
· any damage attributable to unprofessionally installed or obsolete wirings, gas fittings or plumbing on board the Vessel, or shore connections to the Vessel;
· any damage attributable to a violation of any provisions of the Agreement and/or these General Terms and Conditions and the ACI Marina Port Rules and Regulations;
· any damage attributable to a breach of customs rules and regulations, port rules and regulations, or other rules and regulations;
· untrue, false or incomplete information provided by the User.
· In addition, ACI d.d. shall not be liable for any costs or damage not directly attributable to the responsibility of the ACI Marina, in particular any damage caused by:
· wreck removal;
· breakage and/or loosening of the stern line mooring the Vessel to the pier/pontoon;
· fire or explosion due to a breach of fire regulations on the part of the User and/or the crew and/or any other person on board the Vessel, or due to an act, omission or failure on the part of any third party outside the responsibility of ACI d.d.;
· any harmful emissions from the air or from the sea, whether of natural origin or caused by an act, omission or failure on the part of any third party outside the responsibility of ACI d.d.;
· attributable to any third party’s act or failure to act, including damages indemnifiable under the absolute liability institute, where the damage is attributable to a dangerous thing or activity.
15. ACI d.d. shall not be liable for damages caused to or by the Vessel if the Vessel’s keys and original documents have not been deposited by the User with the ACI Marina’s reception desk immediately upon the Vessel’s arrival in the ACI Marina;
16. The User shall not be allowed to sail the Vessel out of the ACI Marina until all debts and/or outstanding payments to ACI d.d. in respect of the Vessel have been duly settled;
17. The User shall not sublet the berth or allow it to be used in any way by third parties;
18. ACI d.d. shall be entitled, at their own discretion, to have the Vessel moved and/or towed to other locations within the ACI Marina;
19. As long as the Vessel is not occupying it, ACI d.d. shall be at liberty to make temporary use of the berth. The User shall notify the ACI Marina of the Vessel’s imminent return to the berth at least 24 (twenty-four) hours in advance. The User shall notify the ACI Marina of any absence of the Vessel from the Marina. The Vessel’s absence from the ACI Marina shall not affect the amount of the ACI Marina berth rental fee determined in the Agreement.
20. Any services not stated in the Agreement, which have been requested by the User or by the crew, shall be charged in accordance with ACI d.d.’s current Service Price Lists.
21. In case of a breach of any provisions of the Agreement, these General Terms and Conditions, or the ACI Marina Port Rules and Regulations on the part of the User, the crew and/or any other persons on board the Vessel, ACI d.d. shall be entitled to terminate the Agreement and, with effect from the termination date, to charge the appropriate daily berth rental fee for the Vessel in accordance with ACI d.d.’s current Price List.
22. To secure the collection of any overdue payments of berth rental and related charges, ACI d.d. shall be entitled to:
· apply before the competent court (determined according to the Vessel’s present location) to have the Vessel arrested and/or the disposal and alienation of the Vessel barred;
· detain the Vessel;
· apply to the relevant registry in order to register a mortgage on the Vessel, its equipment and its parts/accoutrements (whether on board the Vessel or stored ashore);
· commence appropriate procedures for the collection of payments overdue by way of:
· a court sale of the Vessel;
· an out-of-court sale of the Vessel;
· any other court or out-of-court procedure ACI d.d. may consider appropriate or desirable for the purpose stated above;
· have the Vessel moved to a dry berth, at the User’s expense;
· refuse to provide launching services or any other services for the Vessel until any outstanding payments owed to the ACI Marina by the User and/or the Vessel have been fully settled. ACI d.d.’s statement of account shall be sufficient proof of the amount and maturity of any claims that ACI d.d. may have against the User and/or the Vessel;
23. ACI d.d. respects the privacy of the users and does everything possible in order to protect their personal data. The rules applied to the protection of the users’ personal data are defined by the General Personal Data Protection Policy of ACI d.d. ACI d.d. provides clear information on the type of personal data collected, the manner in which they are collected and the purpose for which they are processed. The said documents have been published on the official ACI d.d. website.
24. ACI d.d. reserves the right to introduce changes in the provisions of these General Terms and Conditions, of which Users shall be notified in a timely manner.
25. The Agreement and these General Terms and Conditions have been drawn up in Croatian. In the event of a conflict or discrepancy between the original and the translated versions of these General Terms and Conditions, the Croatian version of these General Terms and Conditions shall prevail. ACI d.d. shall not be held liable for any disagreements between the original and the translated versions of these General Terms and Conditions in other languages, nor for any printing errors.
26. The law of the Republic of Croatia is decisive when the General Terms and Conditions are in question. In case of any dispute that may arise out of/or may regard the General Terms and Conditions and the Agreement, the party shall try to resolve it in a peaceful manner, but if failing to do so the exclusive jurisdiction over disputes shall be on the Commercial Court in Rijeka.
27. The General Terms and Conditions shall enter into force on 28th November 2018.