GENERAL CONDITIONS FOR ACI ONLINE BERTH (moorings) BOOKINGS

Definitions and Interpretation

Service- reservation service and use of berth (mooring) provided via booking service on www.aci-marinas.com
User- natural person or legal entity
Contract Parties- the User and the Service Provider Berth Provider- ACI d.d.
Contract- an electronic document by which berth booking at ACI marina is confirmed

Booking and Payment

The User may book and pay for a berth via the booking service applicable to all marinas of the ACI marina system on www.aci-marinas.com
The User needs to pay the full price of the berth at any ACI marina.

The booking is valid for the day paid for only, and expires when the next day’s berth (mooring) fee is charged.

By entering the credit card numbers on the internet booking service at www.aci-marinas.com the User accepts the general conditions for ACI marinas berth booking.
When concluding the Contract via Internet on www.aci-marinas.com the Contract is valid at the moment of authorization of the User’s credit card.
After concluding the Contract, the User shall receive a notification via e-mail regarding the berth booking. In addition, the confirmation’s notification shall be delivered to the User in electronic form as well.
The User’s credit card shall be debited in kunas in accordance with the selling rate of Erste Bank on a debit day. The amount shall include VAT in line with Croatian legal regulations.

Accommodation

Marina is obliged to secure the berths, admit the vessels and service the Users who have booked and paid for a berth via booking service on www.aci-marinas.com
When entering the harbour, the User is obliged to follow the instructions as stated in the confirmation’s notification. The user is obliged to fully act with respect to the regulations on order at contractual ACI marina.
Berth allocation in every harbour is determined by contractual marina staff.
For all technical details regarding berth, the User should contact directly the marina where the booking has been obtained.

Obligations of ACI d.d.

ACI d.d., as efficient Berth Provider, is obliged to keep booking reservations by the end of the booking period.
ACI d.d. is obliged to completely fulfil all obligations determined by this Contract except in case of force majeure.

User’s Obligations

The ACI marina User is obliged to respect ACI marinas’ regulations on order and to cooperate with the Berth Provider’s representative. When booking the mooring (berth), the User must provide the marina with his/her e-mail address and contact phone number.
The ACI marina User is obliged to contact the contractual marina via telephone or radio station on channel VHF 17 at least 30 minutes prior to entering the harbour in order to notify his/her arrival and ask for permission to enter.
The User is liable for all possible damages he may cause during the services defined by the Contract.
In case the reported data of the referred vessel do not comply with the measurements stated in the application form (e.g. length, width, draft), ACI d.d. reserves the right to charge additional berthing fees.

Cancellation of the berthing reservation and the use of the berth by User

The User can cancel previously signed Contract minimally 24 hours prior to the booking date in which case ACI d.d. shall make the refund of the User’s payments in the amount of 80% while keeping 20% of handling fee.
The aforementioned cancellation costs are also applied to the modification of arrival date as well as to all other modifications that may significantly influence the fulfilment of the Contract, including the cancellation of the reservation and of the marina berth use due to User’s infection with COVID-19.

If the User fails to start using the berth booked until the time stated on the booking confirmation or fails to cancel the Contract previously concluded at least 24 hours from the booking start date, he/she shall not be entitled to any refund of the payments already made.  

Cancellation of the berthing reservation at ACI Marinas by ACI d.d.

In case any cancellation of berth service occurs, ACI d.d. shall notify the User regarding the new situation. The E-mail address and phone number provided to the marina during the booking and payment process will be used in such occasions.
If ACI d.d. is not able to provide berth service or wants to cancel it, the User is entitled to a refund of the payments already made, however, the User is not entitled to indemnity.

Unavailability of Marina Berthing Services due to the COVID-19 pandemic

In case of border closure from the Republic of Croatia or from the User’s country of residence/stay due to Coronavirus-outbreaks, the User shall be entitled to a refund of the amounts already paid, without any additional compensation.

In case of border closure from the User’s country of residence/stay, the User is required to inform ACI d.d. that he/she is not able to use the berth booked not later than 24 hours from the booking start date in order to use his/her right to a refund of the payment already made.   

Complaints

The User may report his claims or complaints by writing them in the “Book of Complaints” of the respective marina or by sending an e-mail to aci@aci-club.hr. The berth provider ACI d.d. shall try to provide the contracted service and fix eventual failures. Furthermore, ACI d.d. shall take the complaint into consideration in accordance with marina’s good business practice and terms of business.
The parties agree that they shall attempt to peacefully reconcile any eventual disputes that may arise with respect to ACI.d.d., and if peaceful resolving of a dispute is not possible, the Court of Rijeka shall have jurisdiction over them.

Personal Data Protection

All personal user data necessary in the process of service provision will be used for further business communication between the user and ACI d.d.
ACI d.d., as a service provider, respects the privacy of users and does everything possible in order to protect their personal information. The collection and storage of data in the ACI database are performed in accordance with the provisions of the Act on Implementation of the General Data Protection Regulation and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(hereinafter referred to as: the Regulation).
“Personal data” are all data referring to an individual whose identity has been established or can be established directly (e.g. by name) or indirectly (e.g. by telephone number) as a natural entity. Before submitting your personal data, we propose you to read the document General Personal Data Protection Policy of ACI d.d., in which the rules and guidelines for the protection of the clients’ privacy have been described, carefully.

ACI d.d. is obliged to provide protection of personal customer data, by collecting only basic data on customers/users as are necessary for the fulfilment of our obligations.
All user data are strictly kept and are accessible only to employees requiring such data in the conduct of their work and contractual partners with which a confidentiality agreement has been concluded, solely for the purpose of database management and optimisation. All ACI d.d. employees and business partners are responsible for the compliance with privacy protection principles.
Personal data collected and processed by ACI d.d. Are viewed as confidential information property, which the users have made available to the company and is treated with special care during processing. During the collection and processing of personal data, the application of basic principles, such as lawfulness, transparency, fairness, the data minimisation and their accuracy, limitations of personal data storage, integrity and confidentiality, accountability and the principle according to which only such data may be collected as are necessary for the respective processing activity, i.e. such as are necessary for the fulfilment of obligations, informing the users on the manner in which the collected data are used, regularly providing the users with the possibility to choose the usage of their data, including the possibility to decide whether they desire that their name be removed from the lists used in marketing campaigns, is obligatory. Any collection of excess data is prohibited. All personal user data necessary in the process of service provision will be used for further business communication between the user and ACI d.d. All user data are strictly kept and are accessible only to employees requiring such data in the conduct of their work and contractual partners with which a confidentiality agreement has been concluded, solely for the purpose of database management and optimisation. The safety of the processing procedure is insured in the performance of (technical and organisational) protection measures by protecting the personal data from accidental or intentional abuse, destruction, loss, damage, modifications, unauthorised or illegal processing. All ACI d.d. employees and business partners are responsible for the compliance with privacy protection principles.

All users are enabled to exercise the right to access the information regarding which personal information ACI d.d. possesses and the purposes for which such information is used, ACI d.d. makes the correction of inaccurate and the supplementation of missing personal information possible and offers the possibility to withhold the right to processing, when such processing depends on the user’s consent. The right to restrict the processing of personal data, the right to delete data related to the user, the right to transferability of personal data and the right to submit complaints to ACI d.d. and/or the competent supervisory authority (Croatian Personal Data Protection Agency, azop@azop.hr). The users may send a written notification to the address of the ACI d.d. company seat or the e-mail address of dpo@aci-club.hr at any time. Rights regarding personal data may be requested in writing through request forms on personal data, available to users on the website.