SEA TOW EUROPE MEMBERSHIP

GENERAL TERMS AND

CONDITIONS

 

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: Hrvatskih knezova 33, 21213 Kaštel Gomilica

OIB: 53841226874

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

MBS: 040280393

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

BOARD MEMBERS: Jasmin Bašić and Zvonko Vrbatović

PERSONAL AUTHORIZED FOR REPRESENTATION SOCIETY: Jasmin Bašić and Zvonko Vrbatović

BUSINESS ACCOUNT :

Steiermaerkische Bank und Sparkassen AG – AT73 2081 5000 4045 6261

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

Phone: +385 99 444 8800

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

 

1. INTRODUCTORY PROVISIONS

These General Conditions govern the relationship between Sea Tow (hereinafter ST), as a provider of membership benefits of sea assistance and active members (hereinafter the Member), as users of membership 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 person without the 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 whom with ST have a concluded contract about providing sea assistance).

The Member entirely accepts provisions of these general conditions.
These general conditions are starting to apply from January 1st, 2019 until the next amendment.

1.1.TYPES OF MEMBERSHIPS

1.1.1. SEASONAL

GOLD – is applied to vessels registered for private use (sport and recreation). 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.

PLATINUM – is applied to vessels registered for private use (sport and recreation). 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. The membership also includes coverage of any jet tenders and/or dingies registered for the vessel to which the membership applies.

1.1.2. TWO WEEK MEMBERSHIPS

TRAILER – is applied to vessels registered for private use (sport and recreation), up to 7m 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 navigates vessels registered for commercial or private use, 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 who has applied for the membership, no matter which vessel they maneuver as long as the vessel meets the requirements of the membership (vessel lengths).
The person to whom the Membership applies must be registered as a skipper or a crew member of a vessel which it navigates during the membership period.

SAILOR PLUS – is applied to a person who navigates vessels registered for commercial or private use, from 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).
The person to whom the Membership applies must be registered as a skipper or a crew member of a vessel which it navigates during the membership period.

2. ACTIVATION AND DURATION

GOLD and PLATINUM membership:

The membership and the use of membership benefits become active 15 days after the membership payment or upon the receipt of a membership card or a written notification.

The membership is valid for a year upon activation, and its membership benefits last from April 1st until October 31st of the current year.

TRAILER membership:

The membership and the use of membership benefits become active on the first day of the period specified in the application form, provided that the membership has been paid in full or upon the receipt of a membership card or a written notification.

The membership is valid for 14 days from April 1st until October 31st of the current year, starting from the date chosen when applying for membership.

In the event of a change of the dates for membership on the application, the Member is obligated to notify ST.

ST Member can change the activation date once a year and at the latest 48 hours before the activation date.

SAILOR and SAILOR PLUS membership:

The membership and the use of membership benefits become active on the first day of the period specified in the application form,provided that the membership has been paid in full or upon the receipt of a membership card or a written notification.

The SAILOR and SAILOR PLUS memberships are valid for 14 days from April 1st until October 31st of the current year, starting from the date chosen when applying for membership. In the event of a change of the dates for membership on the application, the Member is obligated to notify ST.

ST Member can change the activation date once a year and at the latest 48 hours before the activation date.

Over a membership duration period, the Member is entitled to 0-24 h assistance in the period from April to October.

For the rest of the year, the assistance will be provided as soon as possible.

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 1 or 2 services of the following free benefits*:

• Priority status
• Towing
• Light ungrounding
• Disentanglement of the rope from the propeller
• Engine jumpstart
• Delivery of fuel and smaller spare parts**
• Boat escort
• Out-of-Areas Coverage***
• Service organization****
• Service management***
• 30 min of electrical or mechanical works****

*GOLD and PLATINUM memberships are entitled to 2 free services during the membership period

SAILOR, SAILOR PLUS and TRAILER memberships are entitled to 1 service during the membership duration period.

In case the Member exercised the right to free benefits, all other services that are requested will be charged by the official price list HERE.

**Fuel delivery does not include fuel costs and is limited to a maximum of 50 L of main
engine type fuel.
***Applied exclusively for PLATINUM memberships.
**** Applied exclusively for GOLD and PLATINUM memberships.

3.2. COVERAGE AREA:

Depending on the choice when applying, the Member is entitled to free benefits within the territorial waters of the Republic of Croatia or the Republic of Malta or the Republic of Montenegro or the Republic of Slovenia. The PLATINUM membership is valid in all of the countries where Sea Tow Europe has a base and is operating, regardless of which country the membership has been applied for.

3.3. FREE BENEFITS

3.3.1. Priority status

Every ST Member has a priority status, which means that they have the advantage over any other sea assistance requests.

3.3.2. Towing

GOLD and PLATINUM memberships:

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 the official price list HERE, and the 20 NM of towing within their AOR will be free of charge.

SAILOR, SAILOR PLUS and TRAILER:

Within 10 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 the official price list HERE, and the 10 NM of towing within their AOR will be free of charge.

3.3.3. Light ungrounding

When grounded vessel can be refloated by towing with the help of one service vessel with its engine being the min. 150 HP engine power and the vessel can safely continue the journey after ungrounding. In case of a propeller, rudder or structural damage which do not allow safe sailing and/or towing is necessary afterward, this service will be considered as salvage, and will be charged by the official price list HERE, or by an agreement with the owner or a person authorized for vessels management, and it is not included in membership benefits.

3.3.4. Disentanglement of the propeller from the rope

-only if it can be done by using a SCUBA diving equipment and a knife on a secure location, while the vessel is on the water.

3.3.5. Engine jumpstart

Starting a disabled vessel’s engine within a 20 Nm, by attaching an external power supply to the starting circuit to remedy the disablement.

3.3.6. Delivery of fuel and smaller spare parts

Delivery up to 50 L of gasoline or oil, mainly for the main engine which has run out of fuel. The cost of fuel is not included in the membership benefits and it does apply to a delivery to a vessel’s home port. Delivery of smaller spare parts, such as drive belt, batteries, engine starter, alternator, etc., which can be delivered by a service vessel to a member vessel without difficulty, only if the member vessel does not have access to land or a marina.

3.3.7. Boat escort

GOLD and PLATINUM memberships – Within 20 NM the members are entitled to boat escort in case a member vessel can navigate and maneuver on its own, but has some other technical issues, which might cause a member’s vessel to lose maneuvering or navigational ability.

TRAILER, SAILOR and SAILOR PLUS – Within 10 NM the members are entitled boat escort in case a member vessel can navigate and maneuver on its own but has some other technical issues, which might cause a member’s vessel to lose maneuvering or
navigational ability.

3.3.8. Out-of-all-Areas Coverage

In areas where Sea Tow Europe is not yet operating and does not have an existing base, the PLATINUM members will receive, per incident, reimbursement for towing of up to the amounts listed on the Sea Tow Europe official price list HERE, not to exceed 5000 € per incident, with annual limit of one time. A licensed professional tower must be used, and the bill must be paid by the member. To receive reimbursement, the member must within 60 days of the incident submit a copy of the paid invoice, confirmation of payment and a report from a company that did the towing via email to info@seatow-europe.com or the address by post:
Sea Tow Europe, Maris Ornatus d.o.o.; Hrvatskih knezova 33; 21213 Kaštel Gomilica; Croatia.

Tow and service rates in excess of the amounts on the official price list HERE, will not be paid.

3.3.9. Service organization

To GOLD and PLATINUM members, Sea Tow Europe provides help in finding any service provider needed on a member’s vessel.

3.3.10. Service management

PLATINUM members are entitled to service management, which includes the organization of any services needed on a member’s vessel by an authorized service provider and a supply of spare parts with member discounts. Costs of services and spare parts costs are
not included in the membership.

3.3.11. 30 min of mechanical or electrical works

GOLD and PLATINUM members are entitled to 30 min of mechanical or electrical works. If the Member’s vessel cannot safely navigate and maneuver to the nearest ST base where 30 min of mechanical or electrical works will be provided, ST Operator will reach the Members destination as soon as possible, and will provide this free benefit at the Members location.

 4. CHANGE OF DATA

4.1. Change of ownership

If during the duration of the ST 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.

4.2. Change of data stated on the application form

The ST Members are obligated to notify ST, within 15 days, (by phone, e-mail, letter or any other form of communication that can determine their identity) of any changes to the personal, identity or vessel data specified in the Application form. If within the stated deadline, the Member does not report the change of personal, identifying or vessel data, ST does not bear any responsibility of the consequences that may arise.

5. CALL AND ASSISTANCE PROVISION PROCEDURES

The Members will receive sea assistance by calling the number: +385 99 222 8000. ST vessels will endeavor to arrive at the place of assistance 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 the service vessel to the place of assistance.

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 sea assistance, 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 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 transport of an injured crew member, the agent of call center will redirect the call to the appropriate authorities and will execute rescue or transport only if ordered by the appropriate authorities.

7. TIME OF BENEFIT USAGE

ST provides the services of sea assistance from April 1st to October 31st, 24/7.

All services are provided solely outside of port and marina areas.

ST office operates during the whole year on business days from 9:00 until 17:00, 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 the 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 poorly maintained*

• the vessel was in navigation, or it was anchored with prior damage or malfunction that caused the accident.

* When applying for ST membership the Member declares that the vessel they navigate has been regularly maintained and it is in working condition.

In the moment of becoming a Member, the vessel must be in a sailing state with the ability to move, maneuver and anchor.
Pre-existing vessel problems are not covered by ST membership.

9. CONTRACT TERMINATION AND MONEY REFUND

9.1. The right to terminate the contract
According to article 72. NN 79/2015, the member is entitled to terminate the contract within the 14 days of the payment/charging of the membership fee, in writing or by oral notice.
The GOLD and PLATINUM memberships are automatically renewed every year unless the membership is terminated the latest two months before the automatic membership renewal.
The membership can be terminated in writing or by e-mail.

9.2. The right to money refund
Every membership purchase is permanent.
The Member is entitled to a money refund in full if the membership period has not started, within 15 days after the day of becoming a Member, or before delivery of the membership card.

10. CONSENT

ST will collect, process and store personal and identification information of Members of ST in accordance with the law and these General Terms and Conditions. ST will keep Member data secret, using them only for our own needs, for needs of research on the satisfaction of ST members and to enable the realization of membership benefits, including their forwarding to the contract partners who provide free membership benefits determined by these General Terms and Conditions and by the rules of Membership types.

Members of ST by signing the Application Form confirm that they are acquainted with this.

By signing the Application Form ST Members agree that ST has the right to send them notifications for information purposes, promotional material at contact address, email address or to contact them by phone, or by informing them with different communication tools on the new types of membership, benefits and current offers and to directly promote and offer individually shaped promotional notifications, as well as to advise ST members of membership types and membership benefits.

The said consent also implies authorization to ST to use and process personal information of ST members (like names, names and surnames, personal identification number, address, e-mail address, phone number, cell phone number and other), for the purposes determined by these General Terms and Conditions, as well as information on the use of membership benefits after the termination of the membership year.

Members of ST can, at all times, by a phone call or by sending the notice in writing or by e-mail, or in other ways, access information about their data, have the right to correction of inaccurate or incomplete data, and they may fully or partially revoke permission from the previous passage. To avoid any doubt, it is determined that permission to use personal data for informational and marketing purposes is not an integral part of the ST membership and the same is not terminated upon the end of the membership year, but by written revocation.

ST has the right to inform Members of ST of the processing of Personal and Identification information and privacy protection and of the process of collecting the consents.

11. AMENDMENTS OF GENERAL TERMS OF BUSINESS AND PRICELISTS

Sea Tow holds the right to amend the existing and making new general terms of membership and pricelists.
The members will be notified of all changes in writing.
In case the Member has not stated the contrary within 60 days of receiving the above said written notification, it will be considered that the Member has accepted all given changes.

12. FINAL PROVISIONS

These General Terms and Conditions apply to ST Members. These General Terms and Conditions shall enter into force and apply form January 1st, 2019.

A dispute that may arise from the interpretation, application or execution of these General Terms and Conditions, will be sought to be resolved peacefully.

In the event of a dispute that may arise from the General Terms and 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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