General terms and conditions of trade
Breakdown service contract: The following provisions of the Breakdown service contract are considered agreed (conclusion of the contract) after the signing of the application for the Sea-Help breakdown service and after Sea-Help receives the application. All parties – hereinafter Members – of the Sea-Help GmbH – hereinafter Sea-Help – which paid the annual fee at due date are entitled after showing their breakdown service card to make use of the contractual breakdown service free of charge, i.e. if they extend the break down service, to make use of the Sea-Help partner service. The break down service (October – April 8.00 a.m. - 4.00 p.m., the remaining months - 24 hours) consists of:
Assistance: An intervention boat is sent out in case of a demand by a member, whereas the intervention area includes all waters of the Adriatic, except for the waters within the marinas and harbours.
The breakdown service partner endeavours to arrive on the intervention spot within 2 hours. The contractual breakdown service includes the towing within the home area, as long as the member boat is within the AOR (home area) and as long as there is a proportional demand (see alternative assistance). The member has furthermore the opportunity to make use of the towing service irrespective of the time, distance and the charges. The member boat will be towed to the next harbour; if a repair is not possible in that harbour, the boat will be towed to the home port.
If the member boat is outside of his AOR, it will be towed to the next harbour that is suitable for the repair, i.e. it will be towed to a workshop - all within the breakdown service contract framework. If the member desires towing to the home port, the service of the breakdown service partner to the border of its own AOR (home area) is subject to charges (50% of the price in accordance with the Sea-Help price list) and within the AOR (home area) free of charge. A further towing to the home port will be charged and performed according to temporal possibilities.
Alternative assistance: If the captain of the breakdown service partner considers the possibility of making the boat ready for use by emergency starting, fuel service, freeing of the ropes (without diving) or otherwise and not by towing, then these services are free of charge too. The material (spare parts, fuel…) the diving or other special services will be charged separately (50% of the price according to the Sea-Help price list).
Towing in case of a touching of the ground: The towing in case of a light touching of the ground is free of charge. If the boat does not stand out of the water higher than 10 cm than usual and if it is able to drive after the free towing, the touching of the ground is being graded as a light touching of the ground. All other cases are classified as salvages and they are not covered by the breakdown service contract (see salvages).
Salvages: Salvages are no free of charge services. The fee depends on the situation and the request. Subject to changes in emergency situations. The Sea-Help breakdown services are no emergency services. Sea-Help has the right to perform the interventions according to emergency. In case of emergency situations, especially in case of a threatening injury or an injury of persons that already took place, the skipper of the member boat is obliged to alarm the coastguard by himself. This obligation cannot be transferred to Sea-Help.
Member priority: Interventions for members take precedence over the interventions for non-members.
Bad weather: Sea-Help has the right not to perform an intervention in case of extreme weather conditions (min. 6 Beaufort wind force and a large swell of 5), or to perform it delayed in time, or to alarm the coastguard instead.
Intervention with a second boat: If a second boat is needed due to the difficulty of the situation, the intervention with two intervention boats will be charged according to the price list.
Recurring defects with the same cause: Recurring defects will be fixed only three times free of charge within the contractual period (one year after entering the contract) (defect batteries, emergency starting…).
Liability: Sea-Help is not liable for the boat and the persons; a person in charge has to be on board during the intervention (skipper, crew member).
Alterations on the member boat: The member has to inform Sea-Help about all alterations that are made on the boat.
Validity of the breakdown service contract: The services in the breakdown service contract may be used after Sea-Help receives the annual fee. The conclusion of the agreement during or 24 hours after the performance of an intervention for a non-member does not entitle to a free of charge use of the partner services.
Contract period and governing law: The breakdown service contract is valid for one year after the conclusion and is prolonged automatically for another year if the contractual relationship is not cancelled in writing 60 days before the contract expiry. The regional court in Wels is solely competent in case of any disputes.
Home area (AOR): The AOR refers to the home berth.
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