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Contract

BUSINESS AND TECHNICAL COOPERATION CONTRACT



General part
Article 1.
The Contracting Parties agree that there is a common need for mutual cooperation in the field of tourist services - nautical tourism, because the Crew has the ability to provide service of quality and professional management of sailing and motor yachts and the service of hostess and cook, and Horvat turizam can provide bookings for services in nautical business.
Article 2.
Crew agrees to provide the service of organised and professional management of motor and sailing yachts and the service of hostess and cook (APPENDIX 1.). Crew agrees to always have a valid document (permit) for the management of maritime vessels prescribed by laws in destination/country (Boat leader category "C", Yacht master Category A - 100 GT, Yacht master category B - 500 GT, RYA yacht master offshore, for crew members Boat leader category “B”) or a valid equivalent for mentioned permits issued by other countries verified by harbour master and coast guards.
Rights and duties
Article 3.
Crew agrees to provide the service mentioned in the previous article every time the need arises during the term of this Contract, under the condition that the Crew is informed about the need of providing the service on time, not later than three (3) days prior to departure of the vessel, unless both sides agree otherwise. Reviews are mandatory and Crew members are obligated to leave a review for a recent week and yacht.
Article 4.
Crew agrees to operate as an independent Contractor and is not an employee of Horvat turizam. The Crew also agrees that Horvat turizam is not acting as an employment agency defined by Croatian Labour law (section 44.) when providing bookings for nautical services for Crew to conduct.
Article 5.
Skipper, as a boat leader, agrees to compensate all damage of property in the amount of deposit paid for a particular vessel, if the damage is caused by Skippers poor mismanagement of the sailing or motor yacht, either Skippers negligent behaviour during the cruise or on land. Therefore, Skipper must have a valid liability and loss of deposits insurance for professional Skippers. If the Skipper doesn’t have a valid insurance, in the case of accident he must pay the amount of lost deposit on his own within 14 days.
Article 6.
Horvat turizam will, according to good business relations and cooperation, use the services of the Crew and will not engage other agencies or private persons for this purpose if there is no need for that.
Article 7.
During this Contract Crew will refrain from promoting the business of competing brand and/or company to the Client. Also, he will refrain from negotiating with current or potential Clients with the aim of conducting business directly without the intermediation of Horvat turizam. He must act in good faith and he must, if asked for professional Crew services, redirect the inquiry to Horvat turizam directly.
Article 8.
Crew agrees not to enter under Contracts or carry out activities described in the Article 2. directly with the companies in which he worked through Horvat turizam on the job of organised and professional management of motor and sailing yachts and the job of hostess or cook.
Pricing & Invoicing
Article 9.
Crew agrees to issue the invoices to Horvat turizam through his craft, the company where he works, or any other legal entity for services that are the subject of this Contract at pre-arranged prices on the dates when the service is provided.
Crew is not entitled to any payments if the invoice is not submitted within 6 months from ending the service.
If there is a complaint from Clients, then delay of payment is possible until complaint is not rejected or settled by all sides.
General Data Protection
Article 10.
The Parties undertake to comply with all applicable regulations on the protection of Clients personal data being processed under this Agreement.
The Crew guarantees and confirms that all Clients personal data received under this Agreement is processed solely for the purpose of fulfilling the obligations of this Agreement.
Crew undertakes to keep the Customer's personal data received as confidential and undertakes to ensure that any access to such personal data is strictly limited to the purpose of fulfilling the obligations of this Agreement.
The Crew undertakes to notify Horvat turizam immediately, but not later than 48 hours, upon receiving a request of the data subject for access to its personal data, complaints regarding a violation of protection of personal data rights or any breach of personal data received by Horvat turizam.
Upon termination of this Agreement, Crew is obliged to delete or destroy all copies of personal data received by Horvat turizam, except in case that the Crew is legally required to save certain personal data subject to compulsory legal regulations.
The Parties agree that the Crew is personally responsible for all personal data received under this Agreement and that Horvat turizam will have to right to be fully compensated for all damages that may occur as a result of a violation of the data protection regulations, including but not limited to the damages caused by criminal or misdemeanour monetary fines.
Final Determinations
Article 11.
Daily rate arranged between the Crew and Horvat turizam is considered a business secret and it is strictly forbidden to discuss about it.
Article 12.
The Contract is concluded for a period agreed between the two parties, if both sides are satisfied with the cooperation and achieved results.
Article 13.
All possible disputes that the Contracting parties couldn’t solve on their own are under jurisdiction of the Commercial Court in Zagreb, Croatia.
Article 14.
This Contract is valid when the Crew agree and accept Horvat turizam Terms and Conditions.
//APPENDIX 1.//
CREW DUTYS DURING SERVICE – TERMS AND CONDITIONS
Skippers duties during bareboat charter:
• Arrive to charter base on time for check in and for boat briefing
• Carry out the boat/engine check in (examination) by himself
• Boat briefing with Charter crew
• Area briefing with the guests
• Safe & interesting navigation / sailing rout
• Taking care of the boat while sailing (checking engine, refueling water/ fuel, try to eliminate smaller problems on the boat, try to organize that boat is clean, taking care of dingy, cleaning the deck)
• Safe mooring /anchor every night
• To behave in best seamanship manner during the week
• To arrive back at the charter base day before end of charter week (usually that’s Friday until 6.00 pm. If the client get permission from the charter to stay out the last night skipper is obliged to stay with the client until Saturday morning without any additional charge)
• Carry out the check out with Charter crew
• Take all garbage from the boat, basic cleaning
• Skipper is obligate to leave boat only when he gets approval from Charter base manager
• Make sure to show and verify the log book from Charter office crew
Skipper’s restrictions during bareboat charter
• Skipper is not allowed to sail during the night, only if this is necessary for safety reason or if it’s formally requested before charter week
• Skipper is not allowed to sail during the heavy weather (storm, wind > 35 Kts, fog) only if it’s necessary for safety reason
• Skipper is not obligated to provide sailing school for clients every day, that is up to his good will, or if it’s formally requested before the start of charter week
• Skipper is not obligate to cook, clean cabins/toilets, buying groceries
• Skipper’s will follow clients wishes for spending overnight, but he has all right to decide how (mooring, marina, anchor) will they spend the night
Skipper’s interdiction:
• It is strictly forbidden for skipper to sail/maneuver with a boat in alcoholic or drug condition
• It is strictly forbidden for skipper to smoke under the deck
• It is strictly forbidden for skipper to smoke in front of clients if they do not approve
• It is strictly forbidden for skipper to maneuver with the boat in marina/harbor while smoking
• It is strictly forbidden that skipper allows clients to maneuver the boat in marina/harbor
• It is strictly forbidden for skipper to make racist, nationalistic or sexual debates with clients.
• To behave environmentally friendly
Skipper’s duties during delivery:
• Arrive to charter base on time for check in and for boat briefing
• Carry out the boat/engine check in (examination) by himself
• Boat briefing with Charter crew
• Prepare for departure (fuel check, food, water, maps...)
• To arrive at arranged spot as soon as possible. Forcing engine for speed is not acceptable.
• Try to avoid all additional costs during the delivery (marina, fuel)
• During short deliveries skipper in not allowed to use boat facilities (toilets, blankets, refrigerator)
• During longer deliveries he is obligated to return all the facilities he used in initial condition
• To close all windows, doors and lock the boat if nobody at the arrival point is there to do the check out
• Take all garbage from the boat
• Carry out the check out with Charter crew
• Make sure to show and verify the log book from Charter office crew
Hostess duties:
• Arrive to charter base on time
• Carry out boat/kitchen check in, if something is missing inform Charter base
• Briefing with clients regarding menus, daily schedule, their preferences and eating habits before leaving Charter base
• Preparing breakfast
• Preparing one or two additional simple meals every day, or helping the guest
• with cooking (hostess is not professional cook)
• Preparing coffee/tea, providing juices and water, or alcoholic beverages
• Keeping inside of the boat tide and clean (cleaning cabins only with clients
• approval)
• Taking garbage from the boat
• Grocery shopping
• Baby-sitting, if it’s agreed, only during short period of time
Boat cook duties:
• Arrive to charter base on time
• To have all additional cooking equipment with him for making specialties (knifes, cups...)
• Briefing with clients regarding menus, daily schedule, their preferences and
• eating habits before leaving Charter base
• To provide breakfast, branch, lunch, dinner according to arranged menus every day, including drinks and to clean table after every meal
• Keeping the kitchen tide and clean
• Buying fresh groceries every day
Horvat turizam d.o.o. Ilica 213, 10 000 Zagreb, Croatia
Tel: 01/3770 150 Fax: 01/3770 156 E-mail: info@skipper4you.com