1. GENERAL PROVISIONS

Article 1.

The General terms and Conditions apply to users of services of the dry marina – Nautički centar Liburnija d.o.o. (hereinafter: The Company / dry marina / NCL d.o.o.), including the ownership of the vessel, the person authorized to use the vessel and a crew.

The General terms and Conditions govern mutual rights and obligations of the Company and the users of its services.

In the General terms and Conditions the following terms have the following meaning:

Vessel – each registered object intended for navigation, which is the subject of a Contract of the use of a dry berth.

Owner – a person who is designated as the owner of the vessel in the prescribed legal document.

User – any natural person or legal entity who, as a signatory, has signed a Dry Berthing Contract.

Dry berth – space in the hall/outside the hall temporarily assigned to the user by Nautički centar Liburnija d.o.o. for a vessel accommodation.

Dry Berthing Contract– a Contract concluded between Nautički centar Liburnija d.o.o. and a user for a period of one year.

 

Article 2

Owners of vessels, crews and other persons authorized to stay on the boat, are obliged to abide by these General terms and Conditions and the relevant Order Regulations in the dry marina Nautički centar Liburnija d.o.o.  (hereinafter: Order Regulations)

Due to non-compliance with these acts, the Company may refuse to provide services, in particular use of the dry berth, or may terminate a Contract.

 

Article 3

The user agrees to use the service exclusively authorized by the Company while using

the dry berth and use this service only in the dry marina.

 

 

CANCELLATION / DEVIATIONS

Article 4

 

An order cancellation requires a written approval from our side. In that case and in case of unjustified deviations made by the Owner/User, besides the right on legal claims we are preserving the right for a cancellation fee in amount of ten percent (10%) of the unrealised order amount.

If there is an important reason we preserve the right for an early termination of the contract or to end the contract with immediate effect or to suspend all eventual services.

An important reason is considered:

1. If the Owner/User although reminded, keeps having payment delays despite of setting an appropriate further date of payment, even in the case of partial payments;
2. If the Owner/User gave inaccurate data at contract closing or had withheld circumstances and information which would prevent us from concluding a contract;
3. If the Owner/User became incapable of paying, over-indebted.

In case we make an early termination of the contract because of some important reason (mentioned above) with the Owner/User or we justifiably terminate the contract, all existing obligations of the Owner/User regarding us are due for payment immediately and all the orders left from the Owner/User are terminated. In that case, referring to retention of property right, we are entitled immediately to take over the subject of the purchase and sale and to request the payment for the caused damage.

 

 

2. OFFERS / PRICES

Article 5

 

All services are charged according to the pricelist valid at the time the service is provided to the User.

The valid price list is published on the Company’s website (www.nautical-center.com).

The prices are in kuna (HRK) and include VAT (PDV). The prices in Euro are just of an informative nature. All the prices are based on basis of current expenses, fees, taxes and other charges. However we are keeping the right of correcting the prices in case of increasing elements which effect on the price calculation, for example energy products, raw materials, fuels, gas, tax and other public charges, currency changes, taxation (toll road, transport increasing and other). Additionally, we are entitled to change the prices based on order differences and change of circumstances.

 

 

3. GUARANTEES / DAMAGE REFUND

Article 6

 

If any of the service providers cause damage to the Company or other users of the service, whether by action or omission, is obliged to compensate for the damage entirely in accordance with the positive regulations of the Republic of Croatia.

For property and non-material damage to Company’s property, to the property of other users of the berths and to the assets of third parties, as well as for a damage caused by environmental pollution caused by the crew or other person because of the lack of a vessel equipment, or as a result of poor maintenance of the vessel or equipment, the responsible is a person who, by his or her action or omission, caused the damage in question personally or with his property.

 

Article 7

The Company guarantees that it meets all the standards prescribed by the applicable regulations of the Republic of Croatia and that the attention of a good businessman and in accordance with the rules of the profession maintains the neat and in good condition of the dry marina, all its infrastructure, construction facilities, facilities and other harbour equipment.

 

Article 8

The Company within the scope of its activity, in particular the obligations established by these General terms and Conditions, shall be liable for damages only if the damage is caused by the extreme negligence of its employees.

The Company does not respond to the damage that could not be regular during the prescribed operation of the dry marina to anticipate, prevent, eliminate or diminish, for example damage caused by bad weather, fire, etc.

 

Article 9

The Company is liable for damages for which it is responsible on the basis of legal liability, it means that she is liable for damages caused by its employees, for which it would be responsible according to the verdict.

Nautički cantar Liburnija d.o.o. as the owner of dry marina has contractually secured liability towards its users.

Nautički centar Liburnija d.o.o. shall not be liable for damages and other consequences arising out of non-compliance with these Terms and Conditions and Order Regulations.

In accordance with the Law and the rules of operation of the nautical tourism port Nautički centar Liburnija d.o.o. all complaints and damages on the vessels that the Client considers to have occurred during the stay of the vessel on the territory of the dry marina Nautical Center Liburnija d.o.o. as well as all complaints and possible damages arising from the professional liability of ship repairmen and servicemen, it is necessary to complain / submit a complaint in writing while the vessel is within the marina Nautički centar Liburnija d.o.o.

All complaints / objections / reports of damage after the vessel is taken over and after the vessel has left the territory of the dry marina Nautical Center Liburnija d.o.o. is excluded and cannot be accepted.

The claim for Compensation of damages must be based on the record of the competent official bodies, and in order to assess the merits of the claim, and if it is not possible the question of the merits of the claim will be left to the competent court.

 

4. DRY DOCK

Dry Berthing Contract

Article 10

The subject of the Dry Berthing Contract is the use of a dry berth in the dry marina for a period of one year with start validation beginning with the contract signing date.

It is considered that the service is provided if a Dry Berthing Contract (hereinafter: the Contract) has been signed in writing by Nautički centar Liburnija d.o.o. and its services user.

It is considered that the Contract is validly concluded if it is

– Signed by both contracting parties

– Nautički centar Liburnija d.o.o. by e-mail received a signed copy of the Contract,

– Nautički centar Liburnija d.o.o. by e-mail received notification from the user to agree with the proposed Contract on using a dry berth

– Nautički centar Liburnija d.o.o. received an electronic certificate

– Nautički centar Liburija d.o.o. received payment of a Contract fee.

The Company is authorized, if necessary, to move the vessel within the dry marina without a special approval from the berth user. Changing the berth within the dry marina during the Contract does not affect the Company.

In addition to the signed Contract, the user shall provide a dry marina with a copy of the document proving the ownership or the right of use, a copy of the passport or ID of the physical user, or the extract from the register for the legal entity.

It is considered that the vessel is under the supervision of the dry marina when the vessel is tied to the berth and when the user handed over the documentation specified in the previous paragraph of this Article and the boat’s keys. When the user or an authorized person takes over the documents permitting the departure, or the key of the vessel, it is considered that that person has taken full control of the vessel, and Nautički centar Liburnija d.o.o. from that moment on, releases any responsibility, regardless of whether he is in the port or in navigation.

Marine obligations

Article 11

According to the Contract, the user of the dry berth is obliged to make use of the berth determined in accordance with the General Terms and Conditions, the Contract, the Price List and Order Regulations.

Nautički centar Liburnija d.o.o. undertakes that the care of a good businessman will comply with the rules of the profession to ensure that the berth made available to the user is correct and safe in technical and nautical sense and appropriate for a particular vessel and as such is maintained for the entire duration of the Contract. Specifically, this includes the obligation of the Company in accordance with the rules of the profession and the attention of a good businessman, to ensure the correctness of the connection equipment, and to have sufficient number of qualified personnel trained in the maintenance, monitoring and care of technical and nautical safety and the correctness of the berths.

Nautički centar Liburnija d.o.o., the User of the dry berth shall make use of the duly maintained and ordinarily equipped sanitary nodes and other infrastructure intended for users.

Nautički centar Liburnija d.o.o. undertakes to keep the documentation and the keys of the vessel from the user. Use of a vessel by a non-user is permitted only with the consent of the berth user.

From the moment Nautički centar Liburnija d.o.o. takes control of the vessel, the Company is obliged to regularly check and maintain the technical and nautical safety of the berth, and periodically check the vessel status on a regular basis by external inspection.

If Nautički centar Liburnija d.o.o. by such inspection, notice any changes to the vessel, or equipment, or that they are in bad condition, it is obliged to immediately notify and alert the user. If the user does not take the necessary measures to keep the vessel and equipment from deterioration or damage, or to remove the danger that the vessel or equipment represents for other vessels and property in the dry marina, the Company may take reasonable measures to preserve the vessel and equipment, or to eliminate the risk of the responsible user of the berth. Nautički centar Liburnija d.o.o. may assume the obligation and additional services and works if it is explicitly agreed by the contracting parties and which will be charged according to our currently valid price list, unless it is not differently agreed.

Nautički centar Liburnija d.o.o. undertakes that, while the vessel is in a dry berth, the attention of a good businessman will take reasonable and customary measures to protect the vessel from external damage hazards, or dangers that do not result from a deficiency in the vessel itself or its equipment. All the vessels that are placed in the outside area of the marine have to have Kasko insurance of the vessel.

Nautički centar Liburnija d.o.o. undertakes to perform its duty of safety oversight on the vessel and perform the usual due diligence to prevent unauthorized persons from accessing the vessel or taking any damaging actions on board vessels and equipment while the vessel is on a permanent basis.

Nautički centar Liburnija d.o.o.it is obliged to notify the users of the dry berth in the shortest time of the absence of the vessel to which it has not been duly notified or unless other provisions on the takeover of vessels have been complied with in accordance with these General terms and Conditions. If it finds that the boat’s departure was not done in accordance with the user’s berth, Nautički centar Liburnija d.o.o. the disappearance of the vessel shall immediately be reported to the competent state bodies and shall cooperate in their further proceedings.

 

Obligations of the dry berth user

Article 12

Owners or from the owner authorized vessel users are obliged to keep the vessel and its equipment with the attention of a good host for the entire duration of the vessel’s accommodation in the dry marina.

All vessels staying in the dry marina must have all the necessary documentation and be maintained in the navigable state in accordance with the applicable regulations, otherwise the Company do not take any responsibility for them and may refuse their access.

 

The user is obliged to:

a) pay a contracted fee for using the dry marina in the manner and at the time agreed;

b) the care of a good host is to take care of the maintenance of the vessel for a whole period of time while the vessel is in the dry marina; if Nautički centar Liburnija d.o.o. considers that the user does not refer to a vessel as a good host, it may take measures to preserve the property at the expense of the user;

c) equip the vessel with fire-fighting equipment according to the new Croatian ordinance on boats, boats and yachts from 01.02.2020

d) to carry out the required works on the vessel to give an insight into the technical documentation from which the way of solving the technical task can be accurately identified; especially when raising the boat, alert the equipment on the underwater part of the vessel and give accurate information on its position;

e) announce to the administration its arrival at least two (2) days previously via e-mail: office@nautical-center.com or via telephone: +385 51 413 921;

f) announce to the administration the boat departure at least seven (7) days previously for the ordinary vessel transportation and for OOG and other special transports at least ten (10) days previously;

g) announce to the administration at least one (1) month previously for the needed boat maintenance, repairs and additional services.

h) notify the administration of any change to the e-mail address; it is considered that the dry marine messages have been sent to the last known mail address of the user actually delivered neatly;

i) notify to the administration any change of telephone numbers to which the can contact in case of urgency; the Company does not assume liability for damages that could have been prevented if the owner contacted the telephone number listed in the contract.

 

If the User/Owner does not act as above mentioned we can not guarantee for the timely delivered service or services as for possibly deficiencies resulting in short delivery service period.

 

The user should not:

a) rent a berth to third parties;

b) use the berth for commercial purposes any part of a port, facility, vessel or vehicle located inside or in the possession of the Company, unless there is a specific Contract with Nautički centar Liburnija d.o.o.;

c) Make any alterations and finishes to equipment and Installations of the Company;

d) make announcements or advertisements, unless there is no express permission from dry Marina.

e) take photographs or videos within the location of NCL d.o.o., except with agreement of NCL d.o.o.

f) keep within the property after working hours of NCL d.o.o. (more information about the specific working hours during summer and winter period on

www.nautical-center.com)

 

Payment

Article 12.1.

 

The invoice of the User/Owner is due to payment within the arranged terms of payment, and the payment date starts from the invoice date. The User/Owner agrees that the payments are charged in the way that the interests are always closed first and then the invoices according to order of the fall due. Additional costs of maintenance and other services, which are mutually defined in written, are charged afterwards after the service is been made and due to the spent material, all according to the invoice payment date. At overstepping the payment date, the legally default interests are being determined. In case of overstepping the payment, the User/Owner is obliged to make up for all the extrajudicial expenses. Also, in case of overstepping the payment, we are keeping the right to withhold further boat service and/or request an advance payment and/or request the appropriate insurance instruments.

Compensation of reciprocal claims is strictly out of the question, except if it is not otherwise determined in writing, where it is necessary to make a previous matching of open accounts receivables and accounts payable.

Deduction of discounts on the invoice payment from User/Owner is allowed only if it is agreed in written with NCL d.o.o. and if User/Owner is duly fulfilling his/her duties of payment according to NCL d.o.o.

 

Reclamation

Article 12.2.

The User/Owner is obliged to make all invoice and/or service reclamation in writing within the legal deadline of 14 days from the invoice receiving and/or vessel-receiving via e-mail on info@nautical-center.com or via post on our address: Nautički centar Liburnija d.o.o., Pušća 132, 51513 Omišalj. Otherwise the debts are considered to be acknowledged and admitted and the additional reclamations on the service and/or invoice will not be excepted. In case of an justified reclamation, the User/Owner has the right to a service correction without additional claims from NCL  d.o.o.

 

Termination of the Contract

Article 13

The Dry Berthing Contract is generally concluded for a period of one year.

The user cannot transfer to other persons, nor can it be valid for another vessel.

If the user transfers or loses the right to possess a vessel (e.g. due to a change of ownership, termination or conclusion of a new lease or lease contract, entry into possession of a mortgage lender’s vessel, etc.), during the term of the Dry Berthing Contract, is obliged within 15 days of this change to notify the administration and provide the name and address of the new owner. If he does not do this. In this case the Company can unilaterally terminate the contract.

The Company acquires the right to retain the vessel and the pledge on the vessel and equipment for all outstanding claims on the basis of the services rendered, the measures taken at the cost of the users of the berth, claims arising from compensation of damages referred to in Article 9 of these General Terms and Conditions and for other claims arising from the relevant Regulations of the Republic of Croatia.

The user agrees that the Company may, without any further questions and approvals, in such cases perform his pledge and right to retain the vessel. The Company can make a decision to locate the vessel on the mainland at its own discretion

protection of their claims. The user assumes the burden of all new costs.

 

Responsibility for damage on the vessel and equipment

Article 14

Nautički centar Liburnija d.o.o., within its obligations under these General Terms and Conditions, shall be liable for damage to the vessel and equipment for which there is a Contract, provided that the damage occurred at the time when Nautički centar Liburnija d.o.o. had control over the vessel, only if the damage was caused as a result of failure to pay attention to Nautički centar Liburnija d.o.o. or its employees.

Nautički centar Liburnija d.o.o. listed in these General Terms and Conditions.

 

 

5. FINAL PROVISIONS

Article 15

Relevant right to these General Terms and Conditions and for all contracts that Nautički centar Liburnija d.o.o. concludes with these General Terms and Conditions is Croatian law.

The jurisdiction of the competent court in Rijeka shall be the subject of all disputes arising out of the Contracts concluded under these General Terms and Conditions.

 

These General Terms and Conditions will come into force on the day of publication on the Nautički centar Liburnija d.o.o.

 

In Omišalj 17.03.2021

 

Nautički centar Liburnija d.o.o.