SEA TOW EUROPE MEMBERSHIP

GENERAL TERMS AND

CONDITIONS

 

 

1. INTRODUCTORY PROVISIONS

These General Conditions govern the relationship between Sea Tow (hereinafter ST), as an organizer of free membership benefits of sea assistance and active members (hereinafter the Member), as users of free benefits. ST Member can be a natural or legal person, regardless of their residence and nationality, and with certain types of membership the Member does not even have to be a vessel owner (described in article 1.1. Types of memberships)
The membership is valid for the current year or a specified period and it is not transferable to another vessel or persons without a written consent of ST.
With the purchase of ST membership, the Member is entitled to defined free and other benefits (described below) exclusively by using services of ST operators (contracted partners who with ST have a concluded contract about providing sea assistance).
The Member entirely accepts provisions of these general conditions and gives his approval for collecting, processing and using of personal data for smooth ST work performance.
These general conditions are starting to apply from April 1st, 2018 until the next amendment.

COMPANY INFORMATION

THE SUPPLIER (SELLER) OF THE GOODS (SERVICES) OFFERED ON THIS PAGE IS:

Maris Ornatus d.o.o. – a limited liability company for the provision of sea services

Address: Ribarski put 4, 51414 Ičići

OIB: 53841226874

The court where the company is registered in the Court Registry: the Commercial Court in Rijeka

MBS: 040280393

BASIC CAPITAL AMOUNT: 20.000,00 kn, paid in full

BOARD MEMBERS: Jasmin Bašić, Thomas Martin Wollmer, Guido Anton Erroi and Andrea Grosse

PERSONAL AUTHORIZED FOR REPRESENTATION SOCIETY: Jasmin Bašić

BUSINESS ACCOUNT :

Steiermaerkische Bank und Sparkassen AG – AT73 2081 5000 4045 6261

Raiffeisenbank Austria d.d. HR98 2484 0081 1060 3206 4

Phone: +385 99 222 800

THE BUYER IS A VISITOR OF THE WEBSHOP WHO CHOOSES ONE PRODUCT AND FULFILLS ELECTRONIC ORDER FORM AND SENDS IT TO THE SELLER

1.1.TYPES OF MEMBERSHIPS

1.1.1. SEASONAL

GOLD – is applied to vessels registered for private use (sport and recreation), up to 22m in lengths. Duration of membership and as well as free benefits are available to the future Member only if they refer to the vessel for which has the membership been applied for, regardless of who is maneuvering it.

1.1.2. TWO WEEK MEMBERSHIPS

TRAILER – is applied to vessels registered for private use (sport and recreation), up to 7 m in lengths. Duration of membership and as well as free benefits are available to the future Member only if they refer to the vessel for which has the membership been applied for, regardless of who is maneuvering it.

SAILOR – is applied to a person who maneuvers vessels up to 15 m in lengths. Duration of membership and as well as free benefits are available to the future Member only if they refer to the person for which has the membership been applied for, no matter which vessel they maneuver as long as the vessel meets the requirements of the membership (vessel lengths).

2. ACTIVATION AND DURATION

Membership and the use of free membership benefits become active 15 days after the membership payment OR upon the receipt of the membership card or a written notification.
Over a membership duration period, the Member is entitled to 0-24 h assistance.
The GOLD membership is valid for a year since the activation, and its membership benefits last from April 1st until October 30th of the current year.
TRAILER and SAILOR memberships are valid for 14 days within the period of April 1st until October 31st of the current year, starting from the date chosen when applying for membership.

3. MEMBERSHIP BENEFITS, COVERAGE AREA, AND FREE BENEFITS

3.1. LIST OF MEMBERSHIP BENEFITS

Over a period of membership duration, the Member is entitled to two of the following free benefits:

Towing
Light ungrounding
Disentanglement
Fuel transfer
Engine jumpstart

3.2. COVERAGE AREA:

Depending on the choice when registering, the Member is entitled to free benefits within the territorial waters of Republic of Croatia and the Republic of Malta.
In case the Member exercised the right to two free benefits, the services requested after will be charged by full price list reduced by 20%.

3.3. FREE BENEFITS:

Towing: Within 20 NM of their homeport (hereinafter AOR), the Member is entitled to assistance towing to the nearest port in which the vessel malfunction/damage can be resolved, or to their homeport. If the vessel is outside of its AOR, the Member is entitled to assistance towing to the nearest port in which the vessel malfunction/damage can be resolved. If the Member wishes to be towed to their homeport, the service of towing to their AOR will be charged by full price list reduced by 20%, and the 20 NM of towing within their AOR will be free of charge.
Light ungrounding: It refers to the pulling of a member’s vessel with the help of one service vessel with its engine being the min. 150 HP engine power, only in a case when the member vessel can safely continue the journey after ungrounding. In case of a propeller or rudder damage, and towing is necessary afterwards, this service will be considered as salvage, and it will be charged by full price list or by an agreement with the owner or a person authorized for vessel maneuvering, and it is not included in membership benefits.
Disentanglement of the propeller from the rope: Only if it can be done by using a SCUBA diving equipment and a knife.
Fuel transfer: Delivery up to 50 L of gasoline or oil, mainly for the main engine which has run out of fuel.

 4. CHANGE OF OWNERSHIP

If during the duration of membership the vessel changes its owner, the rights from this clause end 24 hours after the transfer of ownership to the new owner, if the old owner (member) and ST do not agree to transfer those rights to the new owner or vessel.

5. CALL AND ASSISTANCE PROVISION PROCEDURES

The Members will receive sea assistance by calling to the number: +385 99 222 8000.
ST vessels will endeavor to arrive at the place of service as soon as possible, and ST members have priority over other callers.
ST member is obligated to respect the terms of business of ST network and act according to the instructions of ST operators until the arrival of service vessel to the place of service.
By the arrival of the operator, the Member is obligated to fill the “Request for service” form, to show their membership card and before the start of the service, to sign the above-said form.

6. MEMBERSHIP AND FREE BENEFITS LIMITATIONS

Sea Tow International, Inc. and its franchisees, users of licenses, organizations, service providers, and agents will not be responsible for property damage or injuries resulting from the execution of service, but it shall be the responsibility of a skipper or a crew member found on the vessel in that time. Sea Tow holds the right to postpone the Members request, in the case when the captain of the service vessel estimates that by responding to the service might endanger his vessel or crew.
If ST Member uses the services outside of ST network contracted partners, there is no obligation for cost reimbursement on any grounds.

ST is a sea assistance service for vessels. In case of crew rescuing or a transport of an injured crew member, the agent of call center will redirect the call to the Coast Guard and will execute rescue or transport only if ordered by the Coast Guard or appropriate authorities. The fuel cost referred to in article 3.3. is not included in membership benefits.

7. TIME OF BENEFIT USAGE

ST provides the services of sea assistance from April to October 24/7. All services are provided solely outside of port and marina areas.
ST operates during the whole year on business days from 9:00 until 15:00, and are available on phone number: 099 444 88 00.

8. LOSING ENTITLEMENTS TO BENEFITS

The Member loses the rights of free sea assistance in case:
of delivering false or inaccurate data to call center which are necessary for the execution of a requested service
the vessel is being used by a person without an adequate permit or a person whose permit has been seized
if during the time of the navigational accident the person who maneuvered the vessel was under the influence of alcohol or drugs.
the vessel has been previously damaged or badly maintained before applying for the membership.*
the vessel was in navigation or it was anchored with prior damage or malfunction that caused the accident.*

*When applying for ST membership, a membership applicant guarantees that the covered vessel has been maintained and that it is in working order. In the moment of becoming a Member, the vessel must be in a sailing state with the ability to move, maneuvering and anchoring. Pre-existing vessel problems are not covered by ST membership.

9. CONTRACT TERMINATION AND MONEY REFUND

9.1. The right to terminate the contract
Pursuant to article 45. NN 79/2007, the member is entitled to terminate the contract within the 7 days of the payment/charging of the membership fee, in writing or by oral notice ( IF MEMBERSHIP SERVICE HAS NOT BEEN USED )

9.2. The right to money refund
The Member is entitled to money refund in full if the service has not been used, within the 15 days of the day of becoming the member or the day upon the receipt of the membership card.

10. AMENDMENTS OF GENERAL TERMS OF BUSINESS AND PRICE LISTS

Sea Tow holds the right to amend the existing and making new general terms of membership and price lists. The members will be notified in writing of all changes. In case the Member has not stated the contrary within 30 days of receiving the above said written notification, it will be considered that the Member has accepted all given changes.

11. FINAL PROVISIONS

In the event of a dispute that may arise from the general conditions of ST membership, which cannot be resolved through peaceful means and by an agreement, the municipal Court of Split has the jurisdiction in the matter.

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