JAHTING SPORT AGANA ltd
Obala Alojzija Stepinca 2
21222 Marina
OIB: 35407400534
GENERAL CONDITIONS FOR USE OF BERTH
for accommodation of vessel in Marina Agana
1.GENERAL PROVISIONS
1.1. These general conditions for using of berth ( herewith called: general conditions) are applied at the entering of Agreement on using of berth between JAHTING SPORT AGANA ltd and berth beneficiary and make integral part of the agreement of using of berth unless the application of these has been expressively excluded with written agreement on using of berth.
1.2. These general conditions as integral part of each agreement on using of berth are applied to all legal relations between JAHTING SPORT AGANA ltd and berth beneficiary and are valid for all berth beneficiaries in marina Agana be it the owners of the vessels or their users or assignees .JAHTING SPORT AGANA ltd (herewith called: Agana) has the special right of change of provisions of these General conditions with the duty to inform on time the berth beneficiary on such a change.
1.3. With its seasonal plan of berths reached by the general manager Agana establishes the berth for each concrete vessel with the number and location of berth and forwards a special note about that to the berth beneficiary with the authorisation to, within the management of Marina Agana ( herewith called Marina ) , displace each vessel according to Marina needs also to other corresponding berths with special duty to inform the berth beneficiaries on the transfer done especially in urgent cases ( violation of security of vessels and people in Marina ) .
1.4. Berth beneficiary undertakes to use the permanent berth exclusively for mooring of vessel quoted in the agreement on berth using and in case of change of property right on a vessel new owner of vessel does not acquire the right to use the berth but the Agreement on using of berth is cancelled pursuant to its abrogation clauses.
1.5. Regulations of previous paragraphs of this article are not applied to cases of inheritance which has as the object the vessel for which an agreement is entered and in which one or more heirs has to submit the copy of the Inheritance Ruling to Agana after which Agana shall enter new agreement with the heir or heirs.
1.6. Legal relation between Agana and berth beneficiary pursuant to the agreement on berth using is considered established with entering of agreement on berth using with the duty of both parties to establish in written protocol the delivery of keys at the reception or in Marina office as well as presentation of regular documentation of vessel that enables the departure and delivery in Agana.
By taking over of vessel’s documentation by the owner of the vessel or their assignees , established in written protocol pursuant to which the departure of berth beneficiary is possible it is considered as if the vessel has been taken over and since the moment of such taking over of vessel by the berth beneficiary Agana is exempt of any liability for the vessel regardless of the location at which the vessel is located.
1.6.1. At the first arrival of vessel to Agana an inventory shall be compiled pursuant to the inventory list.
1.6.2. Such a list makes the attachment to the agreement on berth using and is signed by both contracting parties, each party keeping one copy.
1.6.3. Besides these General Conditions AGANA Regulations on port order as well as AGANA price list in force at the moment of offering of certain services make integral part of this agreement.
2. OBLIGATIONS OF AGANA
2.1. During the validity of contract on using of berth AGANA undertakes to :
1. keep the vessel in marina and make control over ropes given by the owner for the mooring of vessel to mole/pontoon 24 hours a day
2. discharge storm waters from the vessel
3. make control of vessel interior with previous written order by the owner
4. cover the vessel with the owner’s blanket (tarpaulin)according to the owner’s order
5. provide one parking place for motor vehicle for each vessel
6. Agana Marina keeps the right under extenuating circumstances and especially in case of decision adopted by the authorities or in case of recovery works to limit the use of facilities ( electricity, water and similar ) with the duty of information to berth beneficiaries
2.2. For its business purposes AGANA should collect the personal data. AGANA shall strictly keep all the data on AGANA beneficiaries and respect the principles of protection of privacy of its clients and business partners.
3. OBLIGATIONS OF BENEFICIARIES
Obligations of berth beneficiary or his assignee as the vessel user as well as vessel’s crew and other persons embarked on a vessel are as follows:
a. at the entering of agreement on berth using to submit to Agana the copy of the vessel certificate as well as the copy of the insurance policy in force namely to deliver these documents at the reception each time when a vessel is left in Agana
b. to respect these General conditions and special Regulation on port order
c. Agana is authorised due to the failure to respect the provisions of these General conditions and Regulation on port order by the berth beneficiary or any other person that establishes his/her right to use the vessel from the right of berth beneficiary whether by acting upon the order or authorisation of the same or is under his control Marina can call off to berth beneficiary the right to use the berth
d. berth beneficiary undertakes during the staying in Marina to keep and maintain the vessel and its rig acting with due attention and in case of failure of due attention Agana is authorised to undertake all measures and activities within its authorisations for the purpose of keeping of property and prevention of damage and charge the berth beneficiary for costs of such necessary and useful activities
e. vessel beneficiary undertakes to quote all mobile vessel equipment especially in inventory list , to keep this list locked in vessel closed space and to declare to Agana each change of this equipment quoted in inventory list in written form as well as to ask for the change of the equipment on the inventory list
f. the vessel beneficiary undertakes to deliver the keys of vessel after leaving it at the reception or in Marina office and in case of failure of berth beneficiary to do so for the vessel which keys are not in Marina office Agana is not liable for any damage that might occur on the vessel or its inventory,
g. the berth beneficiary undertakes to respect the laws and regulations in force regarding the stay and navigation within the borders of Republic of Croatia coastal sea
h. the berth beneficiary undertakes to announce to Agana every departure from Marina by personal arrival to the reception or Marina office or contacting the Marina reception
i. the berth beneficiary undertakes before every departure of vessel to switch off all electrical cables and water connections and in case of found failure to do so Marina crew can switch off the connections without previous information and asking for the approval of berth beneficiary
j. the berth beneficiary undertakes during the stay in Marina to equip the vessel with appropriate means of fire protection that shall be efficient on the vessel itself and Agana keeps the right to prescribe also additional fire protection means in case the appraisal of possible danger gives the result that existing fire protection means would not be sufficient for efficient protection of vessel from fire
k. the berth beneficiary undertakes to highlight and keep visible the sign of the name of the vessel or its registration sign and in case of failure to do so by the berth beneficiary Agana is authorised to put adequate signs and charge for that costs the berth beneficiary
l. the berth beneficiary undertakes to protect the vessel from atmosferilia with adequate equipment including also a good quality tarpaulin and Agana is authorised in case of seeing the failures on the vessel equipment that could bring into danger of possible damage on a vessel or its equipment eliminate it charging the berth beneficiary without previous information
m. the berth beneficiary is especially obliged to reimburse all damage occurred on other vessels, vehicles and equipment of third persons caused by the failure to effectuate the obligations of the berth beneficiary set by these General conditions as well as those connected to them and such damage should be reimbursed by the berth beneficiary but also by the vessel owner , his assignee and vessel’s crew or any third person that founds his/her right of using a vessel from the right of berth beneficiary and which damage could occur as the consequence of failure of maintenance of vessel , berths or equipment
n. the berth beneficiary especially undertakes to make the mooring of vessel professionally and regularly and is obliged at the mooring and unmooring to act upon request and instructions of Agana Marina crew ; Agana keeps the right to moor the vessel that has not been moored regularly or has been moored unprofessionally or irregularly , to moor and to charge for that the berth beneficiary
o. the berth beneficiary undertakes to, for the purpose of effectuating of requested but also urgent and necessary works without the request of the berth beneficiary, submit to inspection complete technical documentation of the vessel and devices on which works should be done and from which documentation shall be possible to see clearly the way of solving of technical task as well as to warn to all circumstances that could have impact on the result of the task implementation. In case of failure to inform Agana shall not be liable for the damage that could eventually arise at the performing of such works
p. the vessel beneficiary especially undertakes at stretching of vessel ( especially at lifting of vessel to dry dock ) to warn to the equipment on the underwater part of the vessel as well as to give the precise data on the nature and position of the same for the purpose of avoiding of possible damage
q. the berth beneficiary has to inform Marina also on all other circumstances important for the vessel, its stay in Marina and Marina services beneficiaries.
4.DURATION OF AGREEMENT ON BERTH
4.1. Annual agreement on berth using is entered at determined time no longer than a year namely from the day of entering of agreement for berth using no later than up to December 31 of the current year.
4.2. Monthly agreements on berth using are entered at determined time of a month from the entering of agreement on berth using no longer than up to December 31 of the current year.
4.3.In case the berth beneficiary after the expiration of the agreement on berth using continues to use the berth and pays also the reimbursement for berth using pursuant to price list in force it shall be considered as if the berth beneficiary makes with this the offer for closure of berth for the next calculation period. AGANA can accept this offer with separate written acceptance. The condition for such an acceptance is that all dues pursuant to previous agreement and other services towards Marina Agana are regularly settled.
4.4. In case of departure of vessel before the expiration of the agreement on berth using the berth beneficiary is not authorised to accept other vessel pursuant to the agreement on berth using entered except for the case of entering of special agreement on berth using for that vessel also with payment of reimbursement of berth using and for the same vessel.
5.PAYMENT OF REIMBURSEMENT FOR USING OF BERTH ( STOWAGE)
5.1. Stowage for accommodation of vessel at annual or monthly berth is paid in advance pursuant to the Agreement on berth using.
5.2. Stowage for the accommodation of vessel on daily berth is paid before the departure of the vessel.
5.3. Reimbursement for using of berth for the period agreed is calculated pursuant to AGANA price list in force , data on vessel and is established according to the kuna counter value in Euro all according to the Croatian National Bank sales exchange rate at the day of issuing a bill ( herewith called : the exchange rate )
5.4. Stowage, like all other Marina Agana services, can be paid in one of the following ways with the duty of Agana to issue a bill R1 for the money accepted as the evidence of payment:
1. by bank order to the account no. 2484008-1104699762 at Raiffeisen bank Austria dd IBAN HR93214840081104699762
2. at Agana reception in cash or with credit card
4. Absence of vessel from marina is not deducted from the price of berth.
6. IMPORTANT ELEMENT OF AGREEMENT ON BERTH USING
6.1. In case the berth beneficiary fails to pay the reimbursement for the using of berth at the due date at AGANA reception or no later than up to the date of maturity of the bill with bank order to the AGANA business bank account a legal default interest rate shall be applied to the amount due running from the maturity of each single bill until the day of payment.
6.2.In case with the day of signing of Agreement on berth using a berth beneficiary leaves the vessel in Agana and fails to pay the reimbursement within the next seven days which is the important element of each agreement on berth using Marina can unilaterally terminate the agreement and Agana shall be authorised to transfer the vessel to dry dock and since that day to calculate to berth beneficiary the daily berth pursuant to the price list in force as well as to calculate and collect other necessary costs especially costs of lifting the vessel from the sea and transferring to dry dock as well as costs of using of pad and other equipment necessary for staying of vessel on the dry dock and for the first seven days the price of daily berth in sea shall be calculated.