General terms of ES membership
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GENERAL TERMS AND CONDITIONS
Article 1. Subject and Scope of Membership
1.1. These General Terms and Conditions govern the relationships between the EMERGENSEA network of contractual partners (hereinafter referred to as ES) as the organizer of sea assistance membership benefits and the members of ES (hereinafter referred to as Member) as users of membership benefits.
1.2. An individual can be a member of ES, only for the Charter Pass and Skiper PRO benefit packages, while in all other cases, the member is the vessel whose owner is an individual or a legal entity.
1.3. An ES member fully accepts the provisions of these general terms and conditions and consents to the collection, processing, and use of personal data as well as to the exchange of the same with contractual partners, if necessary for the performance of ES and its contractual partners. ES undertakes to keep and share data exclusively with the consent of the data owner, which serve for the performance of sea assistance activities.
1.4. ES membership and the benefit package defined by the general membership terms are paid in full by the prospective member (including any discounts received), and membership is activated 24 hours after payment.
1.5. ES is obliged to issue an ES membership card to the member within 10 days of receiving payment, indicating the type of membership (free service package), except in the case of purchasing the CHARTER Pass package. The duration of the benefit package described in the following text of this clause is available to the future member only if they are tied to the vessel for which membership is requested in the application form, regardless of who operates the vessel, or for the skipper as a member in the Charter Pass package.
1.6. The ES membership policy is valid for one year from the date of activation and is not transferable to another vessel (or persons) except with the written consent of ES.
1.7. The ES network is on duty and operates 24/7 from April 1st to November 1st of the current year (24 hours a day) while during the winter period it operates from 09:00 to 16:00 by calling 0996 112 112.
Article 2. Membership Models
2.1. START Package - is a membership package for vessels up to 24 meters regardless of purpose (personal or commercial).
2.2. STANDARD Package* - is a membership for privately owned vessels used for personal entertainment, sports, and recreation purposes. According to size, they are divided into several packages:
- SMALL (up to 8 meters overall)
- MEDIUM (8 to 10 meters overall)
- LARGE (10 to 12 meters overall)
- X Large (12-15 meters overall)
- XX Large (15-20 meters overall)
2.3. CHARTER Pass... The member is a skipper on a rented vessel for a duration of 7 days.
2.4. PROMO Pass... Vouchers purchased by marinas or boat services for their needs, which serve promotional purposes.
*If the subject vessel-member is a catamaran hull (twin-hull), the overall length is calculated as 1 and ½ times the length of the hull (e.g., a 10-meter catamaran, when calculating for membership dues, is considered as a 15-meter vessel).
Article 3. Membership Benefits and Coverage Area
3.1. START Package
By activating the START membership, the member is entitled to a discount on all interventions during the membership period, according to the valid ES price list of the country in which they are sailing. The coverage area is the territorial sea of all countries covered by the ES network, depending on the legal regulations of each member state. The discount on ES services in Croatia, Slovenia, and Montenegro is 30% and ES Malta 15%.
3.2. STANDARD / CHARTER PASS / SKIPPER PRO*
By activating any of the aforementioned membership models, the member acquires a one-time right to one of the below-mentioned (Article 3 - point 3.3.) free sea assistance services.
*Standard and Charter pass coverage applies exclusively to the territorial sea of Croatia, Slovenia, and Montenegro.
3.3. Free service: Applies to all membership models except the START membership (30%). Arrival at the vessel's position is free up to 10 NM from the nearest ES base. Free services include:
- Towing to the nearest port or up to 10 NM
- Escort of the vessel up to 10NM
- Guiding the vessel into the marina to the berth
- Minor ungrounding
- Diving up to 30min / 30 meters depth
- Delivery of fuel and/or parts (fuel and/or parts paid additionally by the member)
- Transfer up to 2 passengers (more than 2 passengers charged at 10 EUR per passenger)
3.4. Any of the aforementioned benefits from point 3.3. of this article can be used by an ES member once within the stated coverage scope, and all other services not contracted in this article or beyond the scope mentioned here shall be borne by the ES member. The excess service (the difference between the provided service and the membership terms) is charged at the price list reduced by 30%.
EXAMPLE: If the tow is 20 Nm, the member pays only the difference of 10 Nm, as 10 Nm is already included in the package of free benefits) and which is calculated according to the Membership price list.*
*Membership price list implies the official ES price list reduced by 30% or a verbal agreement in specific cases where the price may be even lower.
3.5. Any subsequent service required by the member during the membership period will be charged in full but according to the Membership price list*.
3.6. Members of the ES network have the right to use discounts and promotions at ES partners listed on the website www.emergensea.net.
Article 4. Change of Ownership
4.1. If during the duration of ES membership there is a change of the vessel's owner (the vessel is a member), all rights from this clause apply to the new owner until the expiration of the policy.
4.2. If the owner changes the vessel, they cannot transfer ES membership to a new vessel and that within 24 hours after the transfer of ownership to the new person except if the old owner and ES previously agree that the rights are transferred to the new vessel.
4.3. If an ES member sells the subject vessel or for any reason is unable to use the ES benefit package, and has not used the benefit from this clause, they can no longer use it as a skipper on another vessel except in cases of prior agreement with the ES network.
Article 5. Provision of Assistance and Use of Benefits
5.1. ES is not a Search and Rescue service or a 112 service but a commercial basis sea assistance. In the event of a call in danger or knowledge of the existence of danger, ES will immediately notify Search and Rescue and other relevant services and act according to their instructions, on behalf of its members. ES will request permission to also participate in the intervention coordinated by Search and Rescue.
5.2. ES sea assistance is provided to members by calling the duty mobile number which is operational 24/7: 0996 112 112. In case of current engagement, a call for sea assistance can also be directed to the ES info number 098 306 609 within the specified terms.
5.3. ES vessels will strive to reach the intervention site in the shortest possible time, and ES network members have priority over other calls.
5.4. Weather conditions are a limiting factor for setting out on interventions, so ES will not set out on an intervention if it assesses that doing so would endanger its own lives or vessels. In such cases, ES will notify Search and Rescue and port authorities and act according to their instructions.
5.5. During the intervention, ES does not take responsibility for persons on the vessel; the skipper or crew member found on the vessel is responsible for them. If the vessel has no commander, ES will inform the competent Search and Rescue services and act according to their instructions.
5.6. An ES member is obliged to respect the terms of business of the ES network and act according to the instructions of ES operators until the arrival of the intervention vessel at the intervention site.
5.7. For each intervention deemed necessary, the ES network will prepare a form about the completed intervention that the ES member needs to sign on the spot. Such a form is called the Intervention Report and is signed by the skipper on the vessel and the skipper on the intervention vessel.
5.8. There is no obligation to reimburse costs for any reason if an ES member uses sea assistance services outside the ES network of contractual partners. For such interventions, the Member is obliged to pay for the requested services to the third party.
5.9. These general terms of ES membership begin to apply from 01.04.2023 until the next amendment.
Article 6. Refunds or Exchange
6.1. Upon a written request for a refund or exchange (within 30 days of membership payment), Alimar Skiper Sistemi d.o.o. will refund the funds to the account of the Registered User or replace the goods within 14 days of receiving the refund request.
Article 7. Court Jurisdiction
7.1 In case of a dispute arising from these general terms, the competent court is in Zadar.