GENERAL TERMS AND CONDITIONS for berthing of vessels at Agana Marina
- Take care of the vessel berthed at the Marina and control the vessel mooring lines 24 hours a day,
- Provide parking places for at least 10% of the total number of berths at the Marina, without taking into account the berths for the vessels of chartering companies operating within the Marina area.
- To present to JSA, upon Berthing Contract conclusion, a copy of the vessel registration, of the vignette (for foreign vessels) and a copy of a valid insurance policy and to leave the same in the front office every time when leaving the vessel at Agana Marina;
- For the vessels subject to the customs warehousing or temporary import procedures, to present the documents showing the date of entry of the vessel into the Republic of Croatia (either by sea or by land), not older than 18 months, or to inform JSA of intended exit from the Republic of Croatia and to fulfil their responsibilities under applicable Croatian customs regulations in due time;
- EU residents shall at all times have on board reliable documents evidencing that customs duty (T2L) and/or VAT have been paid in one of the EU Member States or that the vessel concerned has the status of the Community goods.
- The BERTH HOLDER shall comply with all provisions of the Berthing Contract and by signing the Berthing Contract the BERTH HOLDER shall acknowledge his/her agreement with all provisions set forth in these GENERAL TERMS AND CONDITIONS, the Rulebook on Maintaining Order at the Nautical Tourism Port – Agana Marina and the Berthing Contract. In case of non-compliance, JSA shall have the right to cancel the BERTH HOLDER’S right to use the berth concerned.
- During the stay at Agana Marina, the BERTH HOLDER shall take due care of the vessel and its equipment and their maintenance and should the BERTH HOLDER fail to do so, JSA shall have the right to undertake any measures and actions within the limit of its competence in order to protect the property and prevent occurrence of any damages and to charge the BERTH HOLDER for all indispensable and reasonable costs of such measures and actions.
- The BERTH HOLDER shall specify all movable equipment of the vessel in a separate inventory list and keep the same under lock and key in the interior of the vessel and any change of the equipment included in the inventory list shall reported to JSA asking for a corresponding change of the inventory list.
- Upon leaving the vessel, the BERTH HOLDER shall deliver the keys to the front office of Agana Marina; otherwise, JSA shall not be responsible for any damage caused to the vessel.
- The BERTH HOLDER shall comply with applicable laws and regulations governing the stay and navigation within the coastal sea borders of the Republic of Croatia.
- The BERTH HOLDER shall inform JSA in advance of every departure, either by coming to the front office, or by e-mail sent to the official address of the front office, or by phone or via VHF channel 17.
- Before leaving the vessel, the BERTH HOLDER shall always disconnect all electricity cables and water hose pipes from the supply points and in case of established non-compliance with this obligation, JSA may provide for their disconnection without prior notice to and approval of the BERTH HOLDER.
- During the stay at Agana Marina, the BERTH HOLDER’s vessel shall be furnished with mandatory fire protection devices which will efficiently protect the vessel itself, provided that JSA reserves the right to require, at its own discretion, additional fire protection equipment should the risk assessment show that the existing protective devices would not be appropriate for efficient protection of the vessel against fire.
- The BERTH HOLDER shall display on the vessel and maintain a clearly visible name and registration number of the vessel and should the BERTH HOLDER fail to comply with this requirement, JSA shall be authorised to apply the required marks at the expense of the BERTH HOLDER.
- The BERTH HOLDER shall protect the vessel from adverse weather conditions with adequate equipment also including a quality tarpaulin and should any defects be observed on such equipment that might cause damage to the vessel, JSA shall have the right to remedy the same at the BERTH HOLDER’s expense without prior notice.
- In particular, the BERTH HOLDER shall compensate any damage caused to other vessels, cars and equipment of third parties resulting from the BERTH HOLDER’s failure to comply with the requirements set out in these GENERAL TERMS AND CONDITIONS or in any way connected to them and such damage shall be compensated by both the BERTH HOLDER and the owner of the vessel, their respective permitted assignees, vessel crew and any third person deriving his/her right to use the vessel from the BERTH HOLDER’s right, which damage could occur as a consequence of inadequate maintenance of the vessel, mooring devices or equipment on board of the same.
- In particular, the BERTH HOLDER shall fasten the vessel mooring lines professionally and properly and shall follow the line fastening and unbending instructions of the JSA staff. JSA reserves the right to make fast any not fastened or poorly fastened mooring lines at the expense of the BERTH HOLDER.
- In particular, when using the travel lift service, the BERTH HOLDER shall warn JSA of the equipment on the immersed part of the vessel in order to avoid any damage, as well as provide information about the exact position of the sling grip on the vessel. JSA shall not be responsible for any damage during the use of the travel lift service resulting from incorrect information provided by the BERTH HOLDER.
- The BERTH HOLDER shall also inform JSA about all other circumstances of relevance for the vessel and its stay at Agana Marina.
- by bank transfer to the account opened with Raiffeisen Bank, Petrinjska 59, 10000 Zagreb, IBAN: HR9324840081104699762, SWIFT: RZBHHR2X, or
- in cash or by a credit card at the front office of Agana Marina.
- damages to the vessel resulting from any malicious act or gross negligence on the part of the owner or user, crew or other persons on board of the vessel,
- damages resulting from poor maintenance, worn out vessel or its equipment or their being in the state in disrepair,
- damages resulting from a latent defect in the vessel,
- damages caused by rodents,
- consequential damages including loss of time, loss of profit, delayed or prevented use of annual leave, etc.,
- damages to the equipment or loss of the equipment not included in the inventory list,
- damages to or loss of the equipment included in the inventory list but not kept under lock and key in the interior of the vessel or resulting lost without any signs of forced entry and if the BERTH HOLDER has not reported such loss to the relevant police authority,
- damages resulting from improperly installed or worn out power, gas or water supply systems on the vessel or shore-to-vessel connection,
- damages resulting from the failure to comply with the provisions of these GENERAL TERMS AND CONDITIONS and the Rulebook on Maintaining Order at the Nautical Tourism Port – Agana Marina,
- damages resulting from the failure to comply with applicable customs, port or other administrative regulations,
- damages caused by frost,
- loss of fenders, anchors, mooring and other lines, propeller, inflatable boat, auxiliary engines and other equipment made available by the owner to third parties allowing them to get access to such equipment without breaking-in, burglary or any other form of forced entry into the closed interior parts of the vessel,
- damages to any instruments and devices on board of the vessel,
- damages caused to the vessel by another vessel,
- damages caused by act or omission of third parties and damages to which strict liability is applied under relevant legislation,
- damages resulting from harmful emissions from the air or sea, or those resulting from natural processes or a third party act, failure to act or omission.
- a) if either Party fails to comply with or to meet the essential requirements set out in these GENERAL TERMS AND CONDITIONS, such as those relating to the right to use the berth and timely payment,
- b) if the fulfilment of any essential requirements under these GENERAL TERMS AND CONDITIONS is prevented by a Force Majeure event continuing for one year from the date of its occurrence,
- c) in case of loss (total destruction) of the berth due to a Force Majeure event or if JSA is prevented from performing its activity by decisions made by relevant authorities.
OBLIGATORY CONTRACT DOCUMENTS:
The VAT number of the client / company + affidavit of assent for client (required for issuing an invoice)
IF THE BOAT IS COMPANY OWNED WE WOULD ALSO NEED:
Please, make sure that the marina office has all the requested documents prior to signing the contract. Thank you in advance!
JSA respects the privacy of individuals and takes care to protect their personal data. The collection and storage of data in the JSA data base complies with the Regulation (EU)2016/679 of the European Parliament and of the Council on the protection of individual with regard to personal data processing and on the free movement of such data which put out of force the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (General directive on data protection), Official Journal of European Union, L119, May 6th 2016. (hereinafter: the Regulation).
„Personal data“ are all the data relating to the individual whose identity has been established or can be established directly (e.g. by name) or indirectly (e.g. by phone number) as a physical person. Before delivering personal data, we suggest that you read carefully this document which describes the regulations and guidelines regarding the protection of the client's privacy. The personal data collected and processed by JSA are considered confidential information assets transferred to JSA by their owner. These data are accessed with special attention, and can be exclusivery used to the purpose for which they have been collected.
JSA is the company whose business is to offer services of nautical tourism in the Republic of Croatia. Personal data processing, except the data referring to employees and business contacts, mostly deals with the personal data of the clients - users of the services.
When processing personal data, JSA primarily protects the data in all its business processes. This policy is applied to the entire JSA system, to the processing of individuals' personal data, with which JSA comes into contact when conducting its registered business.
- PRINCIPLES OF PERSONAL DATA PROCESSING
Personal data can be collected exclusively in compliance with legal regulations and ethical principles. Pursuant to Article 5 of the Regulation, the principles of personal data processing are as follows:
- Lawfulness, honesty, transparency
Processing is legitimate only if and to the extent that at least one of the following conditions are met:
- The compliant has given consent for personal data processing,
- Processing is essential for the performance of the contract,
- Processing is necessary to comply with legal obligations,
- Processing is necessary in order to protect the main interests of the compliant,
- Processing is necessary for the performance of tasks of public interest,
- Processing is necessary for the legitimate interests of JSA.
The principles of honesty and transparency require that the compliant is informed in a clear, simple and comprehensible way about the manner of data collection, usage and inspection and to what extent these data are processed.
- Limitation of purpose
The collection of personal data from an individual is limited exclusively to the purpose of fulfilment of the obligations arising from the contractual relationship, for the purpose of fulfilling the legal obligations or for the purposes for which the data are processed.
- Reduction of the amount of data
When collecting the data from individuals, it has to be ensured that the personal data is collected exclusively for the purpose of the individual processing. JSA collects and stores personal data only to the extent necessary for providing a specific service.
- Updating and accuracy
Processed personal data must be accurate and regularly updated.
- Storage restrictions
Keeping and storing personal data in a form that allows individuals to identify themselves is allowed only as much time as is required to meet the processing needs, in accordance with statutory obligations, internal acts and deadlines for data storage.
- Integrity and confidentiality
All processed data are protected from unauthorized and illegal processing, from accidental loss, destruction or damage.
When processing personal data JSA will adhere to all the above mentioned principles and if possible it will demonstrate its compliance with the principles.
- PERSONAL DATA PROCESSING
Processing involves processing personal data from the following categories:
a) Employee personal data
Name and surname, national identification number (JMBG), personal identification number (OIB), date of birth, father's or mother's name, residence and address, contact information, place of birth, health insurance number, pension insurance number, pension insurance II number, type of employment (part time, full time, contract for services), position, qualifications, title, bank account number, years of service before employment, date of employment, the date and the reason for the termination of the previous employment, working hours, reason for employment termination.
b) Customer personal data
Name and surname, address, personal identification number(OIB), VAT identification number, date of birth, sex, contact information and other information that a client gives and wants to keep secret.
c) Personal data of business contacts
Name and surname, personal identification number (OIB), VAT identification number, date of birth, sex, contact information, information for publication of a Web site and the information that a business partner gives and wants to keep secret.
- COMPLIANT'S RIGHTS
- Right to transparency
JSA is obliged to provide the compliants with all information regarding the JSA identity in a concise, clear, understandable and easily accessible form, for the purpose of processing and the legal basis thereof. JSA is obliged to notify the compliant about the actions undertaken on their request within one month of receipt of the request. If JSA fails to comply with the request, the compliant is entitled to receive information for the reasons of non-compliance and JSA must inform them about the possibility of filing a complaint with the Personal Data Protection Agency.
- Right to access
The compliant has the right to demand that JSA issue a certificate of processing purpose, and JSA is obliged to inform them about their right to potential correction and deletion of data.
- Right to correction
The compliant is entitled to the correction of the incorrect personal data issued by JSA.
- Right to erasure
The compliant is entitled to request the erasure in the following circumstances:
- Personal data are no longer necessary for the purpose for which they were collected,
- The compliant has withdrawn their consent,
- The compliant files a complaint about processing, and JSA has not proved there was purpose to that processing,
- The data have ben unlawfully processed,
- The obligation of erasure specified by the law of EU or the Republic of Croatia
- In case of direct or indirect online collection.
- Right to processing limitation
The compliant is entitled to request from JSA a limited processing if data accuracy is disputed, if the processing has been unlawful, but the compliant does not request erasion but limited use, if JSA does not need the data any longer, but the compliant needs them for legal proceedings and when the compliant files the complaint about processing and JSA has not proved there was purpose to processing.
- Right to data transfer
The compliant is entitled to have the data delivered by JSA in a machine-readable form (USB Flash Drive, CD, e-mail) if processing has been approved of or if it is conducted automatically.
- Right to complaint
The compliant has the right to complain about the data processed in public or legitimate interest. JSA is obliged to terminate further data processing unless it proves that there are justified reasons for the processing thereof.
- Right to opposing the decision based on the profile
If JSA decides to profile compliants by computer processing then compliants have the right to oppose this decision.
- FINAL PROVISION
If the compliant considers that the processing of their personal data does not comply with the General Regulation on Data Protection, they have the right of appeal to the competent supervisory body. In the Republic of Croatia the competent body is The Agency for Protection of Personal Data,the address: Martićeva ulica 14, 10000 Zagreb, Hrvatska, web: http://azop.hr/, tel.: +385 1 4609 000.
All rights of the compliant prescribed by the provisions of Articles 12-24 of the Regulation can be sent in writing by mail to the JSA address or to the JSA official e-mail address.
RULE BOOK ON THE PROTECTION OF PERSONAL DATA
Jahting Sport Agana d.o.o., dr. Franje Tuđmana 5, 21222 Marina, OIB: 35407400534 (hereinafter : JSA) pursuant to Regulation (EU)2016/679 of the European Parliament and of the Coucil on the protection of individual with regard to personal data processing and on the free movement of such data which put out of force the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (General directive on data protection), Official Journal of European Union, L119, May 6th 2016. (hereinafter: the Regulation), of May 25th 2018, issues this
RULE BOOK ON THE PROTECTION OF PERSONAL DATA
Pursuant to the Regulation JSA is obliged to monitor the collection, processing, usage and protection of all personal data.
Pursuant to the Regulation, JSA is obliged to establish and keep record of the following personal data categories:
- Employee personal data,
- Buyer personal data,
- Business contact personal data.
The categories of personal data can be extended, amended and erased depending on the needs of the business.
The personal data storage system mentioned in the previous Article of this Rule Book is stored at the JSA headquarters address: dr. Franje Tuđmana 5, 21222 Marina.
Personal data may be collected only in accordance with legal regulations and ethical principles and are processed based on the following legal processing principles:
- If a compliant has given consent for personal data processing,
- If processing is necessary for executing a contract,
- If processing is necessary for complying with legal obligations,
- If processing is necessary to protect the main interests of the compliant,
- If processing is necessary to perform duties of public interest,
- If processing is necessary for the legitimate needs of JSA.
Depending on the category of personal data, a processing manager processes personal data for a legally based purpose, and collects only the amount of personal data essential for fulfilling the personal data processing purpose.
The processing manager is obliged to erase the personal data which are being processed after the need for the purpose of data processing has ceased or the data must be periodically reviewed if, pursuant to valid regulations, there is a legal obligation of storing personal data permanently or temporarily.
A processing manager is obliged to only process the personal data essential for a particular purpose of processing, namely the data relevant to the purpose.
When processed, personal data have to be accurate and regularly updated.
When processing personal data a processing manager guarantees their safety, protects them from unauthorized access, illegal processing, random loss, destruction or damage.
The compliant will be notified of how the personal data relevant to him have been: collected, used, inspected and processed in other manners and to what extent they are or will be processed. Every piece of information and communication on the processing of personal data is easily accessible and comprehended by the compliant because the language used is simple and clear. The compliant is familiar with the identity of the processing manager and the purpose of the processing. The processing manager will inform the compliant with the risks, regulations, protection measures and rights related to the personal data processing and the way they can exercise their rights with regard to processing.
The Rule Book may be amended and supplemented in the same way and according to the same procedure as it was adopted.
The Rule Book enters into force on May 25, 2018, and is announced on the official notice bord and on the JSA website.
JSA – Jahting Sport Agana d.o.o.
Director, Sven Delić
NOTIFICATION ON THE MANNER OF SUBMITTING A WRITTEN COMPLAINT BY A CONSUMER
In accordance with the article 10, Paragraph 3. of the Consumer Protection Act (NN 41/14) we notify our consumers that they can submit their complaint of dissatisfaction on the quality of a purchased item or delivered service in written form within these business premises and that the receipt of the before mentioned complaint will be confirmed in written form without any delay.
The complaint can be also submitted through the post on the following address:
JAHTING SPORT AGANA d.o.o., Dr. Franje Tuđmana 5, 21222 Marina
Or on our email address: email@example.com
Or by fax: 00 385 21 889 010
A reply to a consumer's written complaint will be issued in written form the latest 15 days from the receipt of the complaint, so we ask you to include your contact address in the complaint in order to correctly deliver the before mentioned reply.