GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all contractual relations between SEA-HELP (hereafter referred to as: SH) and active members (hereafter referred to as: Member) as well as all other Contracting Partners. No other terms and conditions shall apply.
Any natural or legal person may become a member, irrespective of their place of residence, nationality or registered office.
SH-Service Partners are partners with whom SH has concluded a service agreement.
PROVISION OF SERVICES
Upon payment of the membership fee, each Member will be entitled to make use of services and other defined benefits free of charge in accordance with the selected type of membership. Services will be provided exclusively in the areas of deployment covered by SH as indicated on the website.
Members are entitled to the free services provided by SH only during the term of membership (Article 5). SH will provide their services irrespective of the date and time, except in the period from October to April, where SH will provide their services only from 08:00 to 16:00. SH will provide their services only outside of ports and marinas. SH will endeavor to reach the site of the damaged ship within two hours after receipt of the notification of the damage report. In case of multiple simultaneous interventions, the services will be provided according to priority or assessment of the urgency by SH (injury, sinking ships, etc. take precedence).
TYPES OF MEMBERSHIP
Depending on the type of membership, a Member is entitled to various free breakdown services at sea.
Types of membership:
§ 1 OWNER-PASS – Membership is linked to the boat of the Member. Membership is granted for a period of 12 months, starting on the date of the conclusion of the contract; subject to Article 5, membership is not transferable. The free membership benefits are listed in Article 4.
§ 2 SKIPPER´S-PASS – Membership is linked to the person. Membership is granted for a period of 12 months, starting on the date of the conclusion of the contract; subject to Article 5, membership is not transferable. This type of membership is intended for owners of boats, who also use boats other than their own. SH does not provide services to commercial skippers pursuing commercial activities. The free membership benefits are listed in Article 4. SH charges a cost supplement for the Skipper’s Pass in accordance with the applicable SH price list.
§ 3 MARINA-PASS – Membership is linked to the boat of the Member. Membership is granted for a period of 12 months, starting on the date of the conclusion of the contract; subject to Article 5, membership is not transferable. The free membership benefits are listed in Article 4. SH will only provide services within a zone of 5 nautical miles around the home berth of the boat (usual mooring place of the boat). Pursuant to Article 4, any service can only be used once per year by the Member. If the boat is located outside the 5-mile zone of the home berth, a fee will be charged for the service at the rate of 50% of the current SH price list. By payment of a supplement, the membership can be upgraded to an Owner’s Pass, in which case the benefits linked to the Owner’s Pass can be used only after a waiting period of 48h after the upgrade.
§ 4. CHARTER-PASS – Membership is linked to a charter boat. This membership is intended for skippers who charter leisure boats for a period of up to two weeks. SH will provide the services only within a time period of 14 days and only for the chartered boat. The charter period and the chartered boat must be notified in time to SH.
§ 5. EXTRA CHARGE FOR MEDITERRANEAN AREA – This extra charge applies for boats/yachts having their permanent moorings in Spain, France and Italy (except Italian Adria). For the entire Adriatic Sea (Italian, Slovenia, Croatia and Montenegro) no extra charge applies. The extra fee charged due to significantly higher operating costs (mooring, service costs, personnel costs, ….) in the above named countries.
§ 2 TOWING – Organization or performance of towing works to the nearest marina/port where repairs can be carried out in case of vessels that are not self-propelled. The term ‘not self-propelled’ means that the vessel cannot be maneuvered due to a defect in the drive mechanism, and that the boat is not fit for continuing the sea cruise. This does not apply if only one of several drive units of a boat fails.
§ 3 DELIVERY OF SPARE PARTS – Procurement of required spare parts, as well as their delivery, if required for the Member’s boat to continue the sea cruise (the spare parts will be billed by SH).
§ 4 JUMP START – This means the electronic start up of a drive system by means of electric cables and an external power source at the site of the damaged ship in cases where the vessel’s own drive system has failed.
§ 5 FUEL SUPPLY – Supply of fuel, in cases where a Member’s vessel is not capable of continuing the sea cruise due to a lack of fuel. This does not apply to dinghies or tender boats. The fuel price will be charged at the prevailing market price.
§ 6 TOWING FREE IN CASE OF LIGHT GROUNDING – Towing free of a boat that does not emerge from the water by more than 10 cm from the normal waterline and that will be able to continue the cruise after having been towed free. All other instances will be classified as salvage operations within the meaning of Article 5 and are therefore not part of the free membership services.
§ 7 TRANSPORT OF PERSONS – The transport of persons. Members are entitled to use these services once per year.
§ 8 UNTANGLING ROPES FROM THE PROPELLER – Untangling ropes from the propeller of a drive unit of a boat.
Recurring defects (defective batteries, jump starts) will be remedied only three times free of charge during the term of the membership.
To the extent that services and works not provided free of charge in terms of the respective type of membership are required to enable continuation of the cruise, SH will charge the Member for such services or works. The Member will be informed about such costs before the works/services are performed. Remuneration for such works/services is payable on the spot. If the required repair works cannot be performed in the nearest port after towing, SH offers the option to tow the boat to the nearest repair shop subject to costs (according to the SH price list at a 50% discount). SH will charge the required material (spare parts, fuel, etc.), deployment of divers or other services that are not provided free of charge in terms of the respective type of membership in accordance with the applicable SH price list.
In cases other than a slight grounding within the meaning of Articles 4 and 6, SH may perform a salvage operation against remuneration. Except in cases of an emergency, the remuneration will be calculated in advance and according to the situation. SH reserves the right to process multiple simultaneous incidents according to urgency. SH shall not be liable for damage or loss of a boat during salvage operations. In emergency situations, in particular in case of imminent or occurred injury to persons, the skipper of the boat of a Member is in any event obliged to notify the responsible public authorities. This obligation cannot be devolved to SH.
If the use of a second rescue boat is required to successfully provide a service, the use of such second boat will be charged according to the SH price list.
CHANGE OF OWNERSHIP
 If a change of ownership occurs in regard to a vessel during the term of a membership in terms of Article 3 §§ 1 and 3, the membership will be transferred – subject to the consent of SH – to the new owner, or – subject to the payment of a possible supplement – to a new boat.
PERFORMANCE OF THE SERVICES
SH is a naval breakdown service, operated on a commercial basis. In case of an emergency call, SH will immediately inform the search and rescue service as well as the competent public authorities and follow their instructions as required.
In case of a shipwreck or a defect to a boat of a Member, rendering the boat incapable of continuing the sea cruise, the Member can contact SH through the SH operations center. In case of contact, the following information must be provided: Membership number and/or the name of the Member, mobile phone number, name and type of the vessel, exact GPS position, description of the defect, current situation (drifting at sea or anchored), as well as any other information requested by the operator at the SH operations center. The operator at the operations center or the captain of the dispatched SH rescue vessel will evaluate and determine the required service following the report of a breakdown.
The SH Member undertakes to act according to the instructions of the SH operator until the arrival of the dispatched rescue boat at the place of the damaged vessel and to act according to the instructions of the captain of the SH rescue boat after the arrival of that boat at the site of the damaged boat.
SH reserves the right to refrain from providing the services or from delaying the provision of the services in case of extreme weather conditions (gale force of more than 27 knots and a level 5 swell). At a gale force of more than 27 knots, if the total loss of the vessel is threatening, SH will provide assistance only in the form of payable salvage operations.
Free membership services may be claimed by Members after expiry of the second day after the date stipulated in the membership registration, provided that the membership has been paid up in full on this date or upon expiry of the second day after payment in full of the membership fee. The right to claim free membership benefits ends after 365 days, starting on the date stipulated in the membership registration. Membership is extended automatically unless it is terminated in writing by the Member 60 days before expiry of the membership term.
RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES, LIABILITY
SH does not assume any liability for persons and goods aboard a vessel while providing a service, as the captain or a crew member is responsible in this case.
SH shall not be held liable for damage incurred as a result of services provided by SH or a Service Partner.
After receipt of the payment, SH will transmit an invoice and a valid membership card to the Member; this serves to facilitate identification of the Member and as a basis for the provision of services by SH Contracting Partners. If the membership contract is terminated, the Member is obliged to return the membership card to the address of SH or to the address of the Contracting Partner who has issued the membership card to the Member.
The Member is obliged to notify SH of all relevant modifications to the vessel (motors, drives, etc.).
SH Service Partners may generate forms for each provided service/intervention about the service/intervention performed; in this case, the Member must sign the form, after due perusal, on the spot.
Members grant SH permission to capture, process, use and transmit their data to the extent that such data are perceived to be necessary for the smooth provision of services by SH or SH Service Partners (such need will be determined by SH).
MODIFICATION – GENERAL TERMS AND CONDITIONS AND CHANGE OF PRICE
Sea-Help reserves the right to agree new or modified General Terms and Conditions or changes of price with existing members. New or modified General Terms and Conditions or changes of price will be communicated to each member in written. New or modified General Terms and Conditions or changes of price are considered as approved in case the member does not contradict its validity within 60 days after receipt of the above mentioned written notification.
EXTRAORDINARY RIGHT OF TERMINATION:
Existing members are entitled to dissolve their existing contractual relationship within 60 days as from receipt of the notification of the price changes in written without giving reasons.
Jurisdiction for legal disputes arising out of these General Terms and Conditions for SH Members shall rest with the court having jurisdiction as regards subject matter and locus for Ebensee.
This contractual relationship between SH and the Member shall be governed – subject to exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of laws rules – by Austrian law.