info@adriatic-drydock.com
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GENERAL TERMS AND CONDITIONS

I. GENERAL PROVISIONS 

            Article 1.

These General Terms and Conditions apply to all users of the nautical tourism port services - ADRIATIC DRY DOCK d.o.o., including vessel owners, holders and persons authorized by the owner to use the vessel. 

The General Terms and Conditions regulate the mutual rights and obligations between the Storage Facility and the users of its services. 

These General Terms and Conditions are an integral part of the Contract for the Use of Dry Dock Storage.
In the text of these General Terms and Conditions, the terms listed below have the following meanings:

Vessel – any registered object intended for navigation, which is the subject of the Contract for the Use of Dry Dock Storage.

Owner – the person designated as the owner of the vessel in the legally prescribed document.

User – any natural or legal person who, as a contracting party, has concluded a Contract for the Use of Dry Dock Storage with the Storage Facility.

Dry Dock Storage – an area inside or outside a hangar temporarily assigned to the User by the Storage Facility for the accommodation of the vessel.

Contract for the Use of Dry Dock Storage – a contract concluded by the User with the Storage Facility for a period of one month or one year.


          Article 2.
Vessel owners who have a berth at the Storage Facility, as well as all other users of its services, are required to comply with these General Terms and Conditions and with the applicable Rules of Order of the Vessel Storage Facility (hereinafter referred to as the Rules of Order).
Failure to comply with the aforementioned documents may result in the Storage Facility refusing to provide services, particularly the use of the berth, or in the termination of the berth granted for use.

          Article 3.
The User undertakes that, during the period of using the dry dock storage, they will use exclusively the services of maintenance providers authorized by the Storage Facility, and that all servicing activities shall be performed exclusively outside the hangar.


        Article 4
Written consent from the Storage Facility is required to cancel an order.
If there is a valid reason, we are authorized to terminate the Contract prematurely, to end it with immediate effect, or to suspend any services being provided.

A valid reason shall, in particular, be deemed to exist if:

  1. The Owner/User, despite a reminder and the granting of an appropriate additional payment deadline, is late — even partially — with any payments;

  2. The Owner/User, when entering into the Contract, provided inaccurate information or failed to disclose circumstances which, had we been aware of them, would have dissuaded us from concluding the Contract;

  3. The Owner/User has become insolvent or over-indebted.

In the event that, for any valid reason, we terminate the Contract with the Owner/User prematurely or justifiably withdraw from the Contract, all existing obligations of the Owner/User towards us become immediately due, and all remaining orders of the Owner/User are cancelled.


II. SERVICES AND PRICES


     Article 5
All services are charged according to the price list valid at the time when the respective service is provided to the customer.
The valid price list is published on the company's website and is also available at its reception.
Prices are expressed in euros and include VAT. All prices are determined based on current costs and other applicable charges.
ADRIATIC DRY DOCK d.o.o. reserves the right to change the Price List at any time.
The amended Price List shall enter into force on the 10th (tenth) day from its publication on the website.
The Price List, together with all subsequent amendments and supplements, forms an integral part of these General Terms and Conditions.
In addition, we are authorized to change prices based on the specific nature of an order and changed circumstances of compensation. 


III. WARRANTY AND COMPENSATION FOR DAMAGES


      Article 6
If any service user causes damage to the Dockyard or to other service users, either by action or omission, they are obliged to fully compensate for the damage in accordance with the applicable laws of the Republic of Croatia.

For property and non-property damage to the Dockyard's property, the property of other berth users, or the property of third parties — as well as for damage caused by environmental pollution resulting from the user's actions, or arising as a consequence of a defect on the vessel or its equipment, or due to poor maintenance of the vessel or equipment — the following parties shall be jointly and severally liable:
• the person who, through their actions or omissions, personally or with their property caused the damage in question
• the owner of the vessel

• the user or possessor of the vessel authorized by the owner

If the Dockyard incurs any costs related to such damage — including, but not limited to, the costs of expert assessments, fines, legal expenses, and similar — or if it becomes obligated to pay any compensation amounts to third parties, the responsible vessel owner, and indirectly the user/possessor of the vessel authorized by the owner, shall be obliged to fully reimburse the Dockyard for the total amount of such costs.


     Article 7
The Dockyard guarantees that it meets all standards prescribed by the applicable regulations of the Republic of Croatia and that, with due diligence and in accordance with professional standards, it maintains the Dockyard, all its infrastructure, buildings, facilities, and other equipment properly and in good condition.

The Dockyard is solely and exclusively responsible for the technical and nautical functionality and safety of the berths and their equipment and does not assume responsibility for the vessel itself. The exclusions of liability specified in these General Terms and Conditions apply.

Within the scope of its activities, particularly the obligations established by the dry berth usage agreement and these General Terms and Conditions, the Dockyard shall be liable for damage only if such damage has arisen as a result of intent or gross negligence by the Dockyard or its employees.

The Dockyard shall only be liable for damage to the vessel during its custody, up to a maximum amount of €5,000.00.

In any case, the Dockyard's total liability for any single damage event shall not exceed €5,000.00.

The Dockyard shall not be liable for damage caused to the Vessel, or by the Vessel, if the User has not, immediately upon the vessel's arrival, handed over the vessel's keys and original documents.


     Article 8
The Dockyard shall not be held liable for any damage arising from:
• force majeure
• natural disasters and accidents, adverse weather conditions, earthquakes, fires, epidemics, regulations enacted by the government or other state authorities, work stoppages, civil unrest, war, or similar events
• omissions, negligence, or fault on the part of the Berth User, their authorized representative, or crew members
• lack of maintenance, neglect, wear, or deterioration of the vessel or its equipment
• hidden defects of the vessel or its equipment
• omissions, negligence, or fault of third parties or another vessel, as well as unknown persons
• incorrectly installed or worn-out electrical or water installations, faults caused by third parties, or damage by rodents on the vessel
• theft or damage to the vessel's equipment
• damage resulting from pollution
• fire or explosion caused by the User's failure to comply with fire safety regulations
• damage to or loss of equipment not listed on the Inventory List, or listed on the Inventory List but not kept in a locked enclosed space, or that disappeared without signs of forced entry
• disappearance of fenders, awnings, anchors, ropes, propellers, auxiliary vessels (dinghies, etc.), auxiliary outboard engines, and other equipment that the User made accessible to third parties in such a way that they could be reached without forced entry, breaking, or other forms of violent access to the enclosed parts of the vessel
• damage resulting from violations of the provisions of the Contract and the General Terms and Conditions or other general acts of the Dockyard
• false, inaccurate, or incomplete information provided by the Berth User

• damage occurring while the vessel was under the supervision of the berth user or another person authorized by them
• disappearance of binoculars, cameras, radios, TV sets, and other technical devices on the vessel
• damage to parked cars, motorcycles, or other road vehicles

The Dockyard shall not be liable for damage resulting from fire, sinking, explosion, theft, or disappearance of the vessel, nor for any damage where the User, upon the vessel's arrival, failed to immediately hand over the keys and documents in accordance with these General Terms and Conditions.

ADRIATIC DRY DOCK d.o.o. shall not be held liable for any damage that could not have been foreseen, prevented, remedied, or mitigated in the normal course of the Dockyard's prescribed operations.


     Article 9
Complaints and claims for damages to vessels, which the client believes occurred while the vessel was located within the Dockyard premises, must be submitted in writing while the vessel is still within the Dockyard area.

All damage claims submitted after the vessel has been collected and has left the Dockyard premises are excluded and will not be accepted.

A claim for compensation of any potential damage must be based on a report issued by the competent official authorities, in order to assess the validity of the claim. If such a report cannot be obtained, the question of the claim's validity shall be decided by the competent court.

The Dockyard shall not be liable for damage caused by service providers, subcontractors, agents of the vessel owner, or third parties, regardless of whether they provided their services within the Dockyard premises with or without permission.


IV. DRY BERTH
Contract for the Use of a Dry Berth on Land


     Article 10
The subject of the Contract for the Use of a Dry Berth is the service of using a dry berth on land at the ADRIATIC DRY DOCK d.o.o. vessel storage facility for a period of one month up to one year, starting from the date the contract is signed.

The service of using a dry berth is considered provided if a written Contract for the Use of a Dry Berth on Land (hereinafter: the "Contract") is signed between the Dockyard and the Berth User for the vessel.

The Contract is deemed validly concluded if one of the following conditions is met:
• The Contract is signed by both parties
• The Dockyard has received a signed copy of the Contract via e-mail

The Dockyard is authorized, at its discretion, to move the vessel covered by the Contract to another berth within the Dockyard without requiring special approval from the Berth User. Changing berths within the Dockyard during the term of the Contract does not affect the Dockyard's liability.

Along with the signed Contract, the Berth User is obliged to provide the Dockyard with:
• a copy of the document proving ownership, right of use, or possession of the vessel
• a copy of the passport or ID card for an individual Berth User, or an extract from the register for a legal entity
• a document regarding the customs status of the goods within the EU
• a signed inventory list

Any changes to the inventory list must be reported by the Berth User. The inventory list is signed by both the Dockyard and the Berth User.

The vessel is considered under the Dockyard's supervision when it is moored at the berth and when the Berth User has handed over the documents specified above and the vessel keys. Once the Berth User or their authorized representative takes the documents, it is considered that this person assumes full supervision of the vessel, and from that moment, the Dockyard is released from any liability, whether the vessel is in the Dockyard or in navigation.


ADRIATIC DRY DOCK d.o.o. shall not be liable for damage or other consequences resulting from failure to comply with these Terms of Business and the Internal Regulations, as well as from the failure to provide the required documentation.

Obligations of the Dockyard
Article 11
Under the Contract, the Dockyard undertakes to provide the Berth User with the use of a berth in accordance with the General Terms and Conditions, the Contract for the Use of a Dry Berth, the Price List, and the Rules and Regulations.

The Dockyard undertakes, with the diligence of a prudent operator and in accordance with professional standards, to ensure that the berth provided for use is technically and nautically safe, suitable for the specified vessel, and maintained as such for the entire duration of the Contract.

The Dockyard undertakes to provide the Berth User and persons authorized by them to stay on the vessel with properly maintained and normally equipped sanitary facilities and other infrastructure intended for users.

The Dockyard undertakes to safeguard the documents and vessel keys handed over by the Berth User.

The use of the vessel by any person who is not the Berth User is allowed only with the authorization of the Berth User.

From the moment the Dockyard assumes supervision of the vessel, it undertakes to regularly check and maintain the technical and nautical safety of the berth and to periodically inspect the condition of the vessel through standard external checks.


Obligations of the Berth User


     Article 12
Owners or persons authorized by the vessel owner who occupy a berth in the Dockyard are obliged to take care of the vessel and its equipment with the diligence of a responsible custodian for the entire duration of the vessel's stay at the Dockyard.

All vessels staying at the Dockyard must have all required documentation and be maintained in a seaworthy condition in accordance with applicable regulations. Otherwise, the Dockyard assumes no responsibility for them and may deny access.

The Berth User is obliged to:
a) pay the agreed fee for using the berth at the Dockyard in the manner and at the time agreed upon;
b) take care of the vessel with the diligence of a responsible custodian for the entire time the vessel is at the berth; if ADRIATIC DRY DOCK d.o.o. considers that the Berth User is not treating the vessel responsibly, it may take measures to protect the property at the Berth User's expense and act in accordance with all safety measures, and the Berth User is obliged to comply with all safety and fire protection measures;
c) equip the vessel with fire-fighting equipment, lock and secure all movable and immovable equipment on the vessel against theft or damage, and keep all movable property of the vessel listed on the Inventory List locked in an enclosed space; if possible, cover the vessel with an adequate and quality tarpaulin;
d) notify the administration by email at info@adriatic-drydock.com or by phone at 053/883-024 of their arrival at least 2 days in advance;
e) notify the administration by email at info@adriatic-drydock.com or by phone at 053/883-024 of their departure to the sea at least 7 days in advance;

f) notify the administration by phone at 053/883-024 at least 2 weeks in advance for any required repairs, service, or additional services;
g) report any change of email address to the administration — it is considered that messages sent to the last known email address of the Berth User have been properly delivered;
h) report any change of phone numbers at which the Berth User can be contacted in case of emergencies — the Dockyard is not responsible for damages that could have been prevented if the owner had been successfully contacted at the phone number provided in the Contract attachment;
i) dispose of waste according to type in designated areas and comply with the smoking ban;
k) insure the vessel and its equipment against the liability of the owner or Berth User for damages caused to third parties and their property, including legally required compulsory liability insurance — the insurance must remain in force for the entire duration of the Contract for the Use of a Dry Berth;
j) arrange hull insurance covering all risks for the vessel — the insurance must remain in force for the entire duration of the Contract for the Use of a Dry Berth.

Berth Users at the Dockyard are prohibited from:
• renting the berth to third parties;
• using any part of the port, facilities, vessels, or vehicles within or on the Dockyard premises for commercial purposes, unless a special agreement with the Dockyard exists for such activity;
• making any modifications or alterations to equipment and installations;
• posting notices or advertisements without the express permission of the Dockyard;
• photographing or filming within the premises without permission;
• remaining inside the premises after working hours.

The Dockyard is not responsible for any material damage and bears no liability for repairs carried out on the vessel by the Berth User.


Payment
     Article 12.1
Payments from the Berth User are due in accordance with the agreed payment terms, with the payment period starting from the date the invoice is issued. In case of late payment, statutory default interest shall be applied.

If the User/Owner delays payment, they are obliged to cover all extrajudicial costs. In the event of delayed payment, the Dockyard also reserves the right to suspend further supervision of the vessel and/or require advance payment and/or request appropriate security instruments.


Complaints
     Article 12.2
Any complaints regarding an issued invoice or service must be submitted in writing by the User/Owner within the statutory period of 8 days from receipt of the invoice, either by email to info@adriatic-drydock.com or by post to ADRIATIC DRY DOCK d.o.o., Nova cesta 60, 5384 Sveti Juraj. Otherwise, the claims shall be deemed acknowledged, and subsequent complaints regarding the service or invoice will not be considered. In the case of a justified complaint, the User/Owner is entitled to a service correction without additional claims against the Dockyard.

Termination of the Contract for the Use of a Dry Berth


     Article 13
The Contract for the Use of a Dry Berth is concluded for a period of one month or one year. The Berth User may not transfer the Contract to other persons, nor may it apply to another vessel.

If the Berth User, during the term of the Contract for the Use of a Dry Berth, transfers or loses the right of possession of the vessel (e.g., due to a change of ownership, termination or conclusion of a new lease or charter agreement, the vessel coming into the possession of a mortgagee, etc.), they are obliged to notify the Dockyard in writing within 15 days of such change and provide the name and address of the new possessor. Failure to do so entitles the Dockyard to unilaterally terminate the Contract.

If the Berth User cancels or does not use the subject of the Contract for the entire agreed period, they are obliged to pay the full fee for the use of the dry berth for the entire contractual period and are not entitled to a refund of the paid fee.

ADRIATIC DRY DOCK d.o.o. has the right of retention over the vessel and a lien on the vessel and its equipment for any outstanding claims based on the provision of services, measures undertaken at the expense of the Berth User, claims for compensation, or other claims arising under these General Terms and Conditions, the Contract, and other acts. The Berth User agrees that the Dockyard may exercise its lien and right of retention on the vessel in these cases without further notice or approval.

To secure and collect due but unpaid claims related to the provision of berth services and associated services, the Dockyard has the right to initiate appropriate procedures to satisfy its claims, including:
• judicial sale of the vessel
• any judicial or other procedure deemed appropriate or desirable to achieve the above purpose

V. FINAL PROVISIONS


     Article 14
 The Contract and the General Terms and Conditions are drafted in Croatian. In the event of any disagreement or discrepancy between the Croatian text of the General Terms and Conditions and translations into other languages, the Croatian text shall prevail.

Croatian law shall govern all General Terms and Conditions and the Contract. Any disputes arising from or in connection with these General Terms and Conditions or the Contract shall be attempted to be resolved amicably. If such resolution is not possible, the competent court shall be the court in Rijeka.

These General Terms and Conditions enter into force on May 3, 2025.

ADRIATIC DRY DOCK d.o.o. reserves the right to amend the provisions of the General Terms and Conditions. All Users will be notified of any amendments at least 7 days before they come into effect, either via the User's email address or by phone.