1. GENERAL PROVISIONS

Article 1.

The General terms and Conditions apply to all users of services of the dry marina – Nautički centar Liburnija d.o.o. (hereinafter: NCL d.o.o., the dry marina), including also the owners, the holder of the vessel and the person authorized to use the vessel.

The General terms and Conditions govern mutual rights and obligations of the NCL d.o.o. and the users of its services.

These General Terms and Conditions are an integral part of the Dry Berth Contract.

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 the Dry Berth Contract .

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 Berth Contract with NCL d.o.o.

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

Dry Berth Contract– a Contract concluded between NCL d.o.o. and a user for a period of one year.

 

Article 2

Owners of vessels who have a dry berth at NCL d.o.o. and all other users of the NCL d.o.o. services, 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, NCL d.o.o. may refuse to provide services, in particular use of the dry berth, or may terminate the Contract.

 

Article 3

The user agrees to use the service exclusively authorized by the NCL d.o.o. 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 NCL d.o.o. 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 NCL d.o.o. website (www.nautical-center.com).

The prices are in kuna (HRK) and euro (EUR) and include VAT (PDV). All the prices are based on basis of current expenses, fees, taxes and other charges.

NCL d.o.o. reserves the right to change the Price List at any time. The amended Price List will enter into force on the 8th (eighth) day after its publication on the bulletin board. The price list, together with all subsequent amendments, forms an integral part of these General Terms and Conditions.

In addition, we are authorized to change prices based on the specifics of the order and changed circumstances of the fee.

 

 

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-property damage to the property of NCL d.o.o., property of other berth users and property of third parties, as well as for damage due to environmental pollution caused by the user, or for damage resulting from a defect on the vessel or ship equipment, or as a result of poor maintenance of the vessel or equipment, the following are jointly and severally liable:

a person who by his act or omission personally or by his property caused the damage in question
vessel owner
authorized user or owner of the vessel
If NCL d.o.o. in connection with the damage incurred, bear any costs, including costs of expertise, fines, legal costs, etc., or if it would be obliged to pay any amounts of compensation to third parties, the responsible owner of the vessel, and in the alternative the owner authorized by the owner / shipowner, NCL d.o.o. indemnify in full.

 

Article 7

NCL d.o.o. guarantees that it meets all standards prescribed by applicable regulations of the Republic of Croatia and that with the care of a good businessman and in accordance with the rules of the profession maintains a neat and good dry marina, all its infrastructure, buildings, facilities and other port equipment.

NCL d.o.o. is responsible only and exclusively for the technical and nautical correctness and safety of the berths and its equipment and does not take responsibility for the vessel. The disclaimers set out in these General Terms and Conditions apply.

NCL d.o.o. within its business, in particular the obligations set out in the dry berth contract and these General Terms and Conditions, is liable for damages only if the damage was caused by intent or gross negligence by NCL d.o.o., or its employees.
NCL d.o.o. will be liable only for damage to the vessel during the storage of the vessel, up to a maximum of 50,000 kuna.
In any case the responsibility of NCL d.o.o. per one harmful event may not exceed the total amount of HRK 50,000.
NCL d.o.o. is not responsible for the damage caused to the Vessel and the damage caused by the Vessel, for which the User did not hand over the keys and original documents of the Vessel immediately upon arrival of the Vessel.

 

Article 8

NCL d.o.o is not liable for any damages resulting from:
-more force
– natural disasters and accidents, weather disasters, earthquakes, fires, epidemics, regulations issued by the government or other state bodies, work stoppages, civil unrest, war, etc.
– omissions, faults or negligence by the User of the berth or by his authorized person and crew members
-maintenance, neglect, wear and tear of the vessel or equipment
– hidden defects of the vessel / equipment
– omission or negligence or fault of third parties or another Vessel
– omissions or negligence or guilt of unknown persons
– damage due to pollution
– incorrectly performed / dilapidated electrical or plumbing installations, fault of third parties, rodents on board
– malicious, negligent or unprofessional actions of the User of berths and / or crew and / or other persons on the Vessel
– theft or damage to vessel equipment
– fire or explosions caused by non-compliance with fire protection regulations by the User
– damage to equipment or loss of equipment that is not listed in the Inventory or is listed in the Inventory, but was not locked indoors or disappeared without breaking
– disappearance of fenders, awnings, anchors, ropes, propellers, auxiliary vessels (dinghies, etc.), auxiliary outboard engines and other equipment made available by the User to third parties so that those without burglary, burglary or other form of forced entry into closed parts of the vessel may get to them
– damages resulting from violation of the provisions of the Agreement and / or the General Terms and / or other general acts of the Nautical Center
– freezing                                                                                                                                                                                                                                                                                                                    – – untrue, inaccurate or incomplete information provided by the Link User
– damage while the vessel was under the supervision of the berth user or another person authorized by him
– on the basis of loss of earnings, time, delays, use of annual leave, etc.
– due to loss or damage to personal belongings of berth users, crew or other persons authorized to stay on vessels in NCL d.o.o., due to loss or damage of paintings and objects made of precious metals, money, securities, etc .;
– disappearance of binoculars, cameras, radios, TV sets and other technical devices on board
– resulted from non-compliance with customs, port and other administrative regulations
-which can be reduced to normal spending
– for intentional harmful actions of third parties, including theft of vessels or equipment or other property that
is located in the Nautical Center.
– damage to parked cars, motorcycles or other road vehicles
NCL d.o.o. is not liable for damages from fire, sinking, explosion, theft or disappearance of the vessel or for damages for which the User did not hand over the keys and documents immediately upon arrival of the vessel in accordance with these General Terms.

NCL d.o.o. not liable for damages:
– which could not be foreseen, prevented, eliminated or reduced during the regular operation of the dry marina
-for lost benefit
, for non-pecuniary damage
– for loss of income, savings or profits, loss of data, loss of reputation, costs of purchasing a replacement service and any other indirect, special, incidental or consequential damages, whatever the cause.

The user is solely responsible for any damage that may be caused by the cable connected to the electrical installation.

 

Article 9

Complaints and damages on vessels that the client considers to have occurred during the stay of the vessel in 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 / file 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 NCL d.o.o. , are excluded and cannot be accepted.

The request for compensation for possible damage must be based on the record of the competent official bodies, and in order to assess the merits of the request, and if the same is not possible, the question of the merits of the request will be left to the competent court.

NCL d.o.o. is not liable for damages caused by repairers, subcontractors, proxies of shipowners and third parties, regardless of whether they provided services within the Nautical Center with permission.

 

4. DRY DOCK IN THE MARINA

Dry Berth Contract 

Article 10

The subject of the Contract on the use of dry berth is the service of using dry berth on land in the dry marina NCL d.o.o., for a period of one year and is valid from the date of signing the contract.

It is considered that the service of dry berth use is provided, if the Agreement on the use of dry berth on land (hereinafter: the Agreement) is signed in writing, between NCL d.o.o. and user connections.

A contract is considered to be validly concluded if one of the following conditions is met:

The contract was signed on both sides
NCL d.o.o. received a signed copy of the contract by e-mail,
NCL d.o.o. received a notification via e-mail from the user that he agrees with the proposed contract for the use of dry berth
NCL d.o.o. received an electronic confirmation
NCL d.o.o. received payment of a contractual fee for the use of dry berth

NCL d.o.o. is authorized, if necessary, at its own discretion, to move the vessel for which the Contract has been concluded to another berth within the dry marina without the need for special approval of the berth user. Changing berths within the dry marina during the term of the Agreement does not affect the liability of NCL d.o.o.

Along with the signed Agreement, the berth user is obliged to submit to the dry marina a copy of the document proving the ownership or right of use or the right of possession of the vessel, a copy of the passport or identity card of the natural person of the berth user. signed inventory list. Any changes to the inventory list The connection user is obliged to report to NCL d.o.o. The inventory list is signed by the Nautical Center and the Connection User.

The vessel is considered to be under the control of the dry marina when the vessel is moored and when the berth user has submitted the documentation referred to in the previous paragraph of this article and the keys of the vessel. When the berth user or a person authorized by him takes over the documents enabling the departure or the key of the vessel, it is considered that that person has taken full control of the vessel, NCL d.o.o. is relieved of all responsibility from that moment, whether the vessel is in port or in navigation.

NCL d.o.o. is not liable for damages and other consequences arising from non-compliance with these Terms of Business and the Rules of Internal Order as well as for failure to submit these documents.

NCL d.o.o. obligations

Article 11

By agreement, NCL d.o.o. undertakes to provide the user of the berth with a berth determined in accordance with the General Terms and Conditions, the Agreement on the Use of Dry Berths, the price list and the Ordinance on Order.

NCL d.o.o. undertakes to ensure, in accordance with the rules of the profession, that the berth provided for use is correct and safe in technical and nautical terms and suitable for a particular vessel, and as such maintained for the duration of the Contract.

NCL d.o.o. the user of the berth and the persons he authorizes to stay on board are obliged to provide properly maintained and normally equipped toilets and other infrastructure intended for users.

NCL d.o.o. undertakes to keep the documentation and keys of the vessel downloaded from the user of the berth. The use of the vessel by a person who is not a berth user is allowed only with the approval of the berth user.

From the moment NCL d.o.o. take control of the vessel, NCL d.o.o. undertakes to regularly check and maintain the technical and nautical safety of berths, and in the usual way to periodically check the condition of the vessel by external inspection.

NCL d.o.o. may undertake the obligation for additional services and works, if the contracting parties explicitly agree and which will be charged according to the currently valid price list, unless otherwise agreed.

Obligations of the Dry Berth User

Article 12

Owners or authorized users of vessels moored at NCL d.o.o. they are obliged to guard the vessel and its equipment with the care of a good host for the entire stay of the vessel in the dry marina.

All vessels staying in the dry marina must have all the necessary documentation and be maintained in navigable condition in accordance with applicable regulations, otherwise NCL d.o.o. it does not take any responsibility for them, and may deny them 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 NCL 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; act in accordance with all safety measures and is obliged to comply with all safety and fire protection measures.

c) equip the vessel with fire-fighting equipment according to the new Croatian ordinance on boats, boats and yachts from 01.02.2020; lock and secure all movable equipment of the vessel from theft / damage, and keep all movable property of the Vessel listed in the Inventory List locked indoors, cover the vessel with an adequate and quality tarpaulin;

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: [email protected] 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.

j) dispose of waste according to the type of waste in ecological containers at designated places, adhere to smoking bans and safety rules at work
k) insure the vessel and equipment against the risk of liability of the owner or User of the vessel for damages
caused to third parties and their property, including the statutory compulsory liability insurance of the owner or user of the vessel. The insurance must remain in force for the entire duration of the Dry Bond Use Agreement.
l) contract comprehensive insurance to cover all risks of the vessel covering the physical loss or damage to the insured vessel in the amount of the value of the vessel. The insurance must remain in force for the entire duration of the Dry Bond Use Agreement.

If the User does not act as above, we cannot guarantee the timely performance of the service or services or any possible shortcomings caused by the short delivery time of the service.

 

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.

 

Users of berths in the Marina are prohibited from:

rent a berth to third parties;

use for commercial purposes any part of the port, facilities, vessels or vehicles located within or in the possession of NCL d.o.o., unless there may be a special contract with NCL d.o.o. for this type of activity;

on equipment and installations NCL d.o.o. perform any modifications and refinements;

display notices or advertisements, unless expressly authorized by the Marina.

photograph or film within the possession of NCL d.o.o. except with the permission of NCL d.o.o.

stay inside the premises after hours NCL d.o.o. (More information on the exact opening hours during the summer and winter seasons can be found at www.nautical-center.com).

NCL d.o.o. does not bear any material damage and is not responsible for repairs performed on board by the User of the berth.

 

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 8 days from the invoice receiving and/or vessel-receiving via e-mail on [email protected] 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 claims 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

As a rule, a contract for the use of a dry berth is concluded for a period of one year.

The contract cannot be transferred to other persons by the user, nor can it be valid for another vessel.

If the berth user transfers or loses the right to own the vessel during the validity of the Dry Berth Agreement (eg due to change of ownership, termination or conclusion of a new lease or lease agreement, taking possession of the mortgagee’s vessel, etc.), he is obliged to 15 days from that change to notify NCL d.o.o. in writing. and provide the name and address of the new owner. If he fails to do so, NCL d.o.o. may unilaterally terminate the contract.

If the User of the berth cancels or does not use the subject of the Agreement during the entire contracted period, he is obliged to pay the full amount of the fee for the use of dry berth for the entire contracted period and is not entitled to a refund

NCL d.o.o. has the right to retain the vessel and the lien on the vessel and equipment for all outstanding claims based on services provided, measures taken at the expense of permanent land users, claims based on damages and other claims arising from these General Terms and Conditions, contracts and other akata. The user agrees that NCL d.o.o. may, without any further question and approval in the above cases, exercise its lien and the right of retention of the vessel.

In order to insure and collect overdue and outstanding receivables, on the basis of providing liaison services and related services, the Nautical Center has the right to initiate appropriate procedures to settle its receivables, as follows:
– judicial sale of the Vessel;
– out-of-court sale of the Vessel;
– any judicial or other proceedings which it considers appropriate or desirable for the purpose of the above purpose.

 

Final Provisions

Article 14

The Agreement and the General Terms and Conditions are drawn up in the Croatian language. In case of any disagreement or discrepancy in the text of the General Terms and Conditions in Croatian and translation into other languages, the text of the General Terms and Conditions in Croatian shall prevail.

All General Terms and Conditions and the Agreement are governed by Croatian law. All possible disputes arising from and / or in connection with these General Terms and Conditions and the Agreement, the parties will try to resolve amicably, and if such dispute resolution is not possible, the competent court in Rijeka.

 

These General Terms and Conditions enter into force on the day of publication on the bulletin board of NCL d.o.o.

 

NCL d.o.o. reserves the right to change the provisions of the General Terms and Conditions.

Changes will be posted on the bulletin board located at the reception and notified to all Users at least 8 days before their entry into force through its website.

 

These General Terms and Conditions (GTC) have been in force since 01.01.2022.