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ZADAR COLOR d.o.o.

 

GENERAL TERMS AND CONDITIONS of vessel accommodation in Marina Zadar Color d.o.o.

Article 1
The constituent part of the Accommodation and Storage Contract:

The contracting parties agree that the constituent parts of the Accommodation and Storage Contract are:

- the General Terms and Conditions of vessel accommodation in Marina Zadar Color d.o.o.
- the price list of Marina Zadar d.o.o.
By signing the Contract, the User confirms that he fully accepts the content of the documentation as stated in this article.

Article 2
Duration of the Contract
    
It is defined that the accounting period for the berth use starts on April 1st of the current year and ends on March 31st of the following calendar year.
Should the Contract for the berth use be signed in the middle of an accounting period, for vessels accommodated for the first time in the Marina, the duration of the Contract will be defined from the day the Contract is signed until the expiration of a one year period. In the case of automatic renewal of such a Contract for the following accounting period, it will be defined as stated in paragraph 1 of this Article.
Both parties agree that this Contract will be automatically renewed for the next accounting period if either of the contracting parties, no later than 30 days before the end of the accounting period, does not inform the other contracting party of the termination of the Contract in writing. If the User fails to deliver the Contract termination notice on time, the Marina can accept the termination, but will charge the contractual penalty of EUR 1.000,00. The time spent in the Marina from April 1st will be calculated in accordance to the valid Marina price list.
The Marina will, before the end of the accounting period, deliver to the User the berth fee for the next accounting period.

Article 3
Berth Charges and Methods of Payment

The User hereby undertakes to pay in advance the full charge for the use of the berth, including VAT, according to the current price list for the period in which the service is being used.
During the automatic renewal of the Contract, the User undertakes to pay the charges by the beginning of the next accounting period.
Absence of the vessel from the Marina is not deductible from the berth price.
The terms stated in paragraphs 1 and 2 of this Article are important elements of the Contract, and should the User fail to fulfil these terms, i.e. pay the charges in advance, no matter whether the Contract has just been signed orautomatically renewed, the Contract is considered to be null and void by the Law itself, and the time spent in the Marina after the termination of the Contract will be charged according to the current price list for daily berth, which is, at the moment of the signing of the Contract, EUR 25.00 per day (VAT included).
The Marina will issue a receipt for all other services upon their completion. The User is obliged to pay for the services.
The Marina will charge legal default interest for all late payments.
Article 4
Relocation of the vessel

By its berth plan, the Marina assigns a particular berth to a vessel and can, for valid and safety reasons, relocate the vessel without the User’s authorisation.

Article 5
Damage Responsibility

a)    The Marina is held liable for:

1. The Marina is held liable only for damages caused by its staff while working in the Marina.
2. The Marina is not obliged to compensate for the following damages:

* damage to the vesselincurred as a consequence of force majeure
* damageto the vessel caused by stormy weather,
* damage to the vessel caused by war and warlike events, strikes, civil unrest, vandalism and similar events,
* damage to the vessel caused by a fire outbreak,
* damage to the vessel caused by rodents in the Marina’s facilities,
* damage to the vessel caused by freezing,
* damage to the equipment or loss of equipment,
* battery malfunctions on the vessel,
* damage to the vessel caused maliciously or through gross negligence of the owner or the user, the crew or other persons on the vessel,
* damage caused by lack of maintenance, neglect or deterioration of the vessel or its equipment,
* damage caused by a hidden flaw on the vessel,
* damage caused by improperly conducted or worn out electric, gas or water installations on the vessel,
The Marina is not held liable for damages that might occur but are not itemized here. The Marina is only held liable for damages stated in paragraph a) 1. of the Article.

b)    Liability and Obligations of the User

The User states that he will:

* upon concluding the Contract, submit a copy of the vessel’s certificate, a copy of their ID card or of another document, a vignette, and a copy of the vessel’s insurance document. The User explicitly releases the Marina from performing any kind of verification of the contents of his insurance policy
* report any change of equipment on the Inventory list
* always leave the keys of the vessel at the Marina’s office
* abide by the current regulations concerning the stay and navigation within the borders of the coastal waters of the Republic of Croatia
* submit the technical documentation of the vessel showing precisely how the technical issue is to be tackled in order to have the requested work on the vessel done
* warn about the equipment of the vessel below the waterline and give accurate information about its position, particularly when lifting the vessel
* the User is obliged to indemnify the Marina, that is the third party, for any damages caused by him, his vessel, his vehicle, his crew or guests to any object or equipment owned by the Marina, or the third party, located within the area of the Marina
* the User states that he is adequately insured with a suitable insurance policy for the duration of the Contract, for all damages including breaking and entering into the vessel, as well as for damages caused by stealing and damaging the vessel, vehicle, equipment, devices, tools and similar. The User explicitly releases the Marina from performing any kind of verification of the contents of his insurance policy

Article 6
Termination of the Contract

The User has the right to terminate the Contract in writing at any time within the duration of the Contract. The Marina can terminate the Contract early if the User does not:
- adhere to all of the terms of the Contract and to the General Terms and Conditions of the Marina
- adhere to the payment obligations
The Marina is not obliged to refund the fees that have already been paid in case of the termination of the Contract, regardless of which party terminated the Contract.

Article 7
Other Conditions

1. The service of berth usage is considered to be provided if the vessel is located inside of the Marina facilities, if both sides have signed the Contract on berth usage, if the vessel’s keys, as well as the necessary documentation which enables vessel accommodation, have been handed over.
2. If the User of a particular berthor their proxy receives the documentation which enables them to leave the Marina, it is considered that the vessel has been taken over and the Marina is released from any further responsibility.
3. It is agreed that the term «overall length» of the vessel, which is the basis of the calculation of the rent, does not relate to overall length as declared in the documents of the vessel, but means the total length of the vessel which includes all equipment and extensions, such as anchors, bow spirit, swimming platforms, auxiliary boat davits and similar.
4. Third parties, who are not the contracting parties, cannot use or perform any works on the vessel without the written authorization from the User and a corresponding fee to the Marina.
5. The User of the Marina’s berth cannot temporarily or permanently lease the berth to a third party.
6. If it is established that the User has sold the vessel within the duration of the Contract, the Marina reserves the rights to aunilateral termination of the Contract.
7. The User agrees that the Marina can, without further question or permission in the case of incurred debt, exercise the right of retention, i.e. the right to retain the vessel.
8. If the User cannot settle all his payment obligations, as well as accompanying default interests, the Marina acquires the right to a possessory lien of the vessel.
9. If the User is not the owner of the vessel, he is obliged to submit to the Marina the authorization from the owner of the vessel from which it is apparent that he can use the said vessel.
10. The User is obliged to notify the Marina of any change of residence or e-mail address. It is therefore considered that the mail sent to the last known addressof the Userhas been successfully delivered.




Article 8
Other Regulations

1. The priority of intervention on vessels located in the seais granted to vessels entirely maintained by the Marina.
2. The commissioner of services must submit any complaints in writing within 15 days from the day of receiving the receipt. Any complaints submitted after this period will not be accepted.
3. The berth may only be used by the vessel for which the berthing fee has been paid. In case of a vessel’s departure from the Marina before the termination of the Contract, the owner does not retain the rights under the Contract for another vessel, but has to sign a new Contract.

Article 9
Local Court Authority

The jurisdiction of the competent court in Zadar is established. In the event of a court case, documents in Croatian will be used.

Article 10
Final Terms

1. By signing the Contract, the User confirms the reception of the unofficial translation of this Contract as well as the unofficial translation of the General Terms and Conditions.
2. Both contracting parties hereby agree that the User accepts the possibility of unilateralchanges of the General Terms and Conditions of the Marina, which will be displayed on the notice board of the Marina and/or the website of the company, and which will represent the integral part of the Contract the User is obliged to adhere to.

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GENERAL TERMS AND CONDITIONS of vessel accommodation in Marina Zadar Color d.o.o.

Article 1

The constituent part of the Accommodation and Storage Contract:

The contracting parties agree that the constituent parts of the Accommodation and Storage Contract are:

- the General Terms and Conditions of vessel accommodation in Marina Zadar Color d.o.o.

- the price list of Marina Zadar d.o.o.

By signing the Contract, the User confirms that he fully accepts the content of the documentation as stated in this article.

Article 2

Duration of the Contract

        

It is defined that the accounting period for the berth use starts on April 1st of the current year and ends on March 31st of the following calendar year.

Should the Contract for the berth use be signed in the middle of an accounting period, for vessels accommodated for the first time in the Marina, the duration of the Contract will be defined from the day the Contract is signed until the expiration of a one year period. In the case of automatic renewal of such a Contract for the following accounting period, it will be defined as stated in paragraph 1 of this Article.

Both parties agree that this Contract will be automatically renewed for the next accounting period if either of the contracting parties, no later than 30 days before the end of the accounting period, does not inform the other contracting party of the termination of the Contract in writing. If the User fails to deliver the Contract termination notice on time, the Marina can accept the termination, but will charge the contractual penalty of EUR 1.000,00. The time spent in the Marina from April 1st will be calculated in accordance to the valid Marina price list.

The Marina will, before the end of the accounting period, deliver to the User the berth fee for the next accounting period.

Article 3

Berth Charges and Methods of Payment

The User hereby undertakes to pay in advance the full charge for the use of the berth, including VAT, according to the current price list for the period in which the service is being used.

During the automatic renewal of the Contract, the User undertakes to pay the charges by the beginning of the next accounting period.

Absence of the vessel from the Marina is not deductible from the berth price.

The terms stated in paragraphs 1 and 2 of this Article are important elements of the Contract, and should the User fail to fulfil these terms, i.e. pay the charges in advance, no matter whether the Contract has just been signed orautomatically renewed, the Contract is considered to be null and void by the Law itself, and the time spent in the Marina after the termination of the Contract will be charged according to the current price list for daily berth, which is, at the moment of the signing of the Contract, EUR 25.00 per day (VAT included).

The Marina will issue a receipt for all other services upon their completion. The User is obliged to pay for the services.

The Marina will charge legal default interest for all late payments.

Article 4

Relocation of the vessel

By its berth plan, the Marina assigns a particular berth to a vessel and can, for valid and safety reasons, relocate the vessel without the User’s authorisation.

Article 5

Damage Responsibility

a)    The Marina is held liable for:

1. The Marina is held liable only for damages caused by its staff while working in the Marina.

2. The Marina is not obliged to compensate for the following damages:

* damage to the vesselincurred as a consequence of force majeure

* damageto the vessel caused by stormy weather,

* damage to the vessel caused by war and warlike events, strikes, civil unrest, vandalism and similar events,

* damage to the vessel caused by a fire outbreak,

* damage to the vessel caused by rodents in the Marina’s facilities,

* damage to the vessel caused by freezing,

* damage to the equipment or loss of equipment,

* battery malfunctions on the vessel,

* damage to the vessel caused maliciously or through gross negligence of the owner or the user, the crew or other persons on the vessel,

* damage caused by lack of maintenance, neglect or deterioration of the vessel or its equipment,

* damage caused by a hidden flaw on the vessel,

* damage caused by improperly conducted or worn out electric, gas or water installations on the vessel,

The Marina is not held liable for damages that might occur but are not itemized here. The Marina is only held liable for damages stated in paragraph a) 1. of the Article.

b)   Liability and Obligations of the User

The User states that he will:

* upon concluding the Contract, submit a copy of the vessel’s certificate, a copy of their ID card or of another document, a vignette, and a copy of the vessel’s insurance document. The User explicitly releases the Marina from performing any kind of verification of the contents of his insurance policy

* report any change of equipment on the Inventory list

* always leave the keys of the vessel at the Marina’s office

* abide by the current regulations concerning the stay and navigation within the borders of the coastal waters of the Republic of Croatia

* submit the technical documentation of the vessel showing precisely how the technical issue is to be tackled in order to have the requested work on the vessel done

* warn about the equipment of the vessel below the waterline and give accurate information about its position, particularly when lifting the vessel

* the User is obliged to indemnify the Marina, that is the third party, for any damages caused by him, his vessel, his vehicle, his crew or guests to any object or equipment owned by the Marina, or the third party, located within the area of the Marina

* the User states that he is adequately insured with a suitable insurance policy for the duration of the Contract, for all damages including breaking and entering into the vessel, as well as for damages caused by stealing and damaging the vessel, vehicle, equipment, devices, tools and similar. The User explicitly releases the Marina from performing any kind of verification of the contents of his insurance policy

Article 6

Termination of the Contract

The User has the right to terminate the Contract in writing at any time within the duration of the Contract. The Marina can terminate the Contract early if the User does not:

- adhere to all of the terms of the Contract and to the General Terms and Conditions of the Marina

- adhere to the payment obligations

The Marina is not obliged to refund the fees that have already been paid in case of the termination of the Contract, regardless of which party terminated the Contract.

Article 7

Other Conditions

1. The service of berth usage is considered to be provided if the vessel is located inside of the Marina facilities, if both sides have signed the Contract on berth usage, if the vessel’s keys, as well as the necessary documentation which enables vessel accommodation, have been handed over.

2. If the User of a particular berthor their proxy receives the documentation which enables them to leave the Marina, it is considered that the vessel has been taken over and the Marina is released from any further responsibility.

3. It is agreed that the term «overall length» of the vessel, which is the basis of the calculation of the rent, does not relate to overall length as declared in the documents of the vessel, but means the total length of the vessel which includes all equipment and extensions, such as anchors, bow spirit, swimming platforms, auxiliary boat davits and similar.

4. Third parties, who are not the contracting parties, cannot use or perform any works on the vessel without the written authorization from the User and a corresponding fee to the Marina.

5. The User of the Marina’s berth cannot temporarily or permanently lease the berth to a third party.

6. If it is established that the User has sold the vessel within the duration of the Contract, the Marina reserves the rights to aunilateral termination of the Contract.

7. The User agrees that the Marina can, without further question or permission in the case of incurred debt, exercise the right of retention, i.e. the right to retain the vessel.

8. If the User cannot settle all his payment obligations, as well as accompanying default interests, the Marina acquires the right to a possessory lien of the vessel.

9. If the User is not the owner of the vessel, he is obliged to submit to the Marina the authorization from the owner of the vessel from which it is apparent that he can use the said vessel.

10. The User is obliged to notify the Marina of any change of residence or e-mail address. It is therefore considered that the mail sent to the last known addressof the Userhas been successfully delivered.

Article 8

Other Regulations

1. The priority of intervention on vessels located in the seais granted to vessels entirely maintained by the Marina.

2. The commissioner of services must submit any complaints in writing within 15 days from the day of receiving the receipt. Any complaints submitted after this period will not be accepted.

3. The berth may only be used by the vessel for which the berthing fee has been paid. In case of a vessel’s departure from the Marina before the termination of the Contract, the owner does not retain the rights under the Contract for another vessel, but has to sign a new Contract.

Article 9

Local Court Authority

The jurisdiction of the competent court in Zadar is established. In the event of a court case, documents in Croatian will be used.

Article 10

Final Terms

1. By signing the Contract, the User confirms the reception of the unofficial translation of this Contract as well as the unofficial translation of the General Terms and Conditions.

2. Both contracting parties hereby agree that the User accepts the possibility of unilateralchanges of the General Terms and Conditions of the Marina, which will be displayed on the notice board of the Marina and/or the website of the company, and which will represent the integral part of the Contract the User is obliged to adhere to.

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IZJAVA O ZAŠTITI PRIVATNOSTI I SIGURNOSTI OSOBNIH PODATAKA