CONTRACT ON BERTH RENTAL IN MARINA LAV

Transcription

1 CONTRACT ON BERTH RENTAL IN MARINA LAV No: Concluded in Podstrana on: Between Grand Marina Lav d.o.o., Grljevačka 2a, Podstrana, Croatia, OIB: , Registration No: , Telephone number: , Fax: , info@marinalav.hr represented independently and individually by board member Mrs. Dijana Vujević (hereinafter referred to as: Marina ) And The User of the berth: Vessel owner: o Name & surname / Company name: Full address: a Postal code: Street: Passport number / ID number: Contact: Phone No: City: Country: Nationality: GSM: Fax: User: Name & surname / Company name: (hereinafter referred to as: User ) Full address: Postal code: Street: Passport number / ID number: Contact: Phone No: City: Country: Nationality: GSM: Fax: If the User of the berth is not the owner of the vessel from Article 1.1. of this Contract he is obliged to submit to the Marina the authorization in which the owner authorizes him to use the stated vessel. The Marina and the User of the berth are obliged to inform each other in written notice (Fax or ) no later than 7 days from the day any change occurred regarding information about the contracting parties. Important notice: This is a non official translation of the original in Croatian Language 1

2 Subject of the Contract Article Marina takes obligation to render a berth place according to valid price list exclusively for the following vessel: 1. Name: 2. Model: 3. Type: 4. Flag: 5. Home port: 6. Overall length ( m ): 7. Maximum width ( m ): 8. Draft: 9. Weight ( kg ): 10. Material of construction: 11. Year of built: 12. Hull no.: 13. Ship s Engine Type: 14. Engine power kw: Engine No. I Engine No. II: 15. Fuel: 16. Engine No. : Engine No. I Engine No. II: 17. Insurance: Kasko: Police No.: Insurance period: Insured value: 18. Proof of ownership (i.e. right of possession) 19. Boat document ( PL.D.,Permit ): 20. Arrival date: 1.2. It is agreed that the term «overall length», 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 anchor, bowsprits, swimming platform, davits, gangplank, etc. 1.3 The User of the berth is obliged to inform Marina in written notice (FAX or ) no later than 7 days from the day any change occurred regarding the information about the vessel from Article 1.1. of this contract. Contract duration Article It is defined that the accounting period for the use of berth starts: From: to: for a period of 12 months 2.2. Both parties agree that this Contract shall be automatically prolonged for the next accounting period, if neither of the contracting parties, no later than 30 days before the end of the accounting period, fails to receive from the other party, written notice of cancellation of the Contract If the User of the berth fails to submit the cancellation of the Contract on time, Marina can accept it; but shall charge the contractual penalty of 7.500,00 HRK. Time spent in the Marina after the last day of the accounting period will be calculated according to the daily berth rate. Important notice: This is a non official translation of the original in Croatian Language 2

3 Berth Use Charges and Methods of Payment Article During the time of validity of this Contract, Marina assumes the obligation to give a berth for vessel stated in Article 1.1. at the price indicated on the price list for the current year The User of the berth hereby undertakes to pay the charge for the use of berth, including VAT, according to the current price list for the period in which the service is being used, in the sum of: TOTAL : or the equivalent in Euro according to the middle exchange rate of the Croatian National Bank on the day of payment User of the berth is obliged to make payment of the total amount stated in Article 3.2. immediately upon signature of this contract, i.e. latest within a 7 days period (from the date of the beginning of the Contract) : a) to the Marina transfer account No: HR or b) IBAN No: HR SWIFT-BIC : ZABAHR2X Zagrebačka banka d.d., Trg bana Josipa Jelačića 10,, ZAGREB or c) to pay directly at the reception office of Marina Lav If User of the berth fails to pay the fee specified in Article 3.2. in advance, whether the contract has just been signed or automatically prolonged, the Agreement shall be considered terminated, and the time spent in the Marina after the cancellation of the Contract will be calculated according to the current price list for berth rental on daily basis. 3.5 Other services offered by the Marina within its area of operation should be paid by the contracting party or the person that ordered services immediately after the service is completed If the contracting party with its liabilities comes into delay, - i.e., if it does not pay by the dates agreed upon, the Marina will calculate interests according to Croatian law The price specified in Article 3.2. includes one Captain's card and other benefits. Captain s Card owners are granted a range of benefits and discounts on services of Le Meridien Lav hotel during their stay in the marina. The cards are valid for use of the SPA facilities, as well as for the use of parking in the hotel garage. Agreement to Relocation of the Vessel Article For valid or safety reasons, the Marina may and can move the vessel from Article 1.1. of this Contract to a new berth, without any authorisation of the User of the berth. HRK Integral parts of the Contract Article The contractual parties agree that the integral parts of this Contract are: Regulations on Maintaining Order in Marina Lav - Nautical Tourist Port, General Terms on the use of berth, Signed inventory list, the Price list of Marina Lav. Important notice: This is a non official translation of the original in Croatian Language 3

4 5.2. By signing this Contract the User of the berth confirms his acceptance of the content of the documentation described in this Article, in its entirety The User of the berth confirms that he is aware that the Marina may introduce one-sided amendments to the General Terms and Conditions and to the Order regulations, in which case the Marina is obliged to notify the User of the berth about the changes in written form at least 30 days prior to their entry into force. Termination of the Contract Article The User of the berth can terminate this Contract in writing at any time within its duration The Marina can temporarily terminate the Contract if the User of the berth: does not follow any of the terms stated in this Contract, as well as Regulations on Maintaining Order in Nautical Tourist Port or General Terms on the use of berth, if the dues for the use of the berth are not paid in the time limit agreed upon this contract, does not maintain payment obligations for other services being used in the Marina In the case of termination of the Contract, regardless of who terminated it, the Marina is not obliged to refund payments. Local Court Authority Article Possible disagreements of claims that could develop from this Contract will be solved by mutual agreement of the contracting parties All disputes arising out of this contract, as well as documents that are assembled and signed by virtue of this Agreement, including but not limited to disputes relating to questions of their valid creation, breach, and/or termination, as well as to the legal effects of that thereof, shall be finally resolved before the actual competent court in Split, and all application of Croatian substantive and procedural law to the exclusion of relevant provisions of conflict rules Croatian private international law. Final terms Article The User of the berth agrees that this Contract cannot be transferred to other persons or vessels By the signing of this Contract the User of the berth agrees that piers, mooring system and other important parts of the Marina are in a satisfactory state for his vessel. The mooring consists of sea area sufficient for the allocation of the vessel and its part of pier for the access to the vessel, anchor block, and the chain attached to it. The User of the berth is the owner of all mooring ropes. The User of the berth uses the mooring at his own risk The Contractual parties hereby agree to have read and understood the Contract and to accept the rights and obligations of this Contract, as well as rights and obligations, defined acts which form an integral part of this Contract, and as their acceptance sign by their own hand this Contract This Contract is made on 4 (four) pages and in 2 (two) identical copies, one for each party By signing this Contract, the User of the berth confirms the acceptance of the unofficial translation of this contract, as well as the unofficial translations of all documents stated in Article 5.1. of this Contract. Important notice: This is a non official translation of the original in Croatian Language 4

5 Marina: M.P. GRAND MARINA LAV d.o.o. represented by bord member Mrs. Dijana Vujević User of the berth: M.P. The user of the berth Important notice: This is a non official translation of the original in Croatian Language 5